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MLP1996-00008 EXHIBIT A NOTICE OF DECISION MINOR LAND PARTITION . MLP) 96 0008 . BOHART PARTITION'..' SECTION I: APPLICATION SUMMARY CASES: FILE NAME: BOHART PARTITION Minor Land Partition MLP 96-0008 PROPOSAL: The applicant has requested Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167, 3,568, and 3,814 square feet. APPLICANT: Ron Bohart OWNER: Same 15491 SW McDonald Street Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Medium. ZONING DESIGNATION: R-12. LOCATION: 10475 SW McDonald Street; WCTM 2S1 2CC, TAX LOT 3100. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.62.040, 18.62.050 and 18.164. SECTION II: DECISION: Notice Is hereby given thatahe n of Tlgard Community Development Direc#os designee has APPROVED the above request subject to ton',dfions The fndm stand conclusions on which the decision is based are noted-in Secfion Iv 9 . NOTICE OF DECISION MLP 96-0008113OHART PARTITION PAGE i • • CONDITIONS OF APPROVAL PRIOR TQTHE ISSUANCE O.F BUI'LDING PERMITS; THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR F1N'ANCIALLY.SECURED (Unless otherwise notetl, "the staff contaet shall be Brian Rager, -4171. EIn ineer.in De artment 503_ :639 . . 1. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 2. The final plat shall indicate that additional right-of-way (ROW) will be dedicated in McDonald Street to bring the width up to 30 feet from centerline. 3. The final plat shall indicate that a ROW radius of 24 feet will be dedicated at the corner of SW McDonald Street and SW 104th Avenue. 4. Prior to approval of the final plat, an agreement shall be executed by the applicant, on forms provided by the City, that waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW McDonald Street. 5. Street Opening Permit will be required for this project to cover the sanitary and storm drainage lateral extensions to the lots. In addition, this permit will cover the sidewalk work adjacent to 104th Avenue. The applicant will need to submit five (5) sets of the proposed public improvement plans for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. This permit shall be obtained by the applicant prior to approval of the final plat. 6. The plat shall indicate that there will be a joint access easement, for the benefit of all three lots, for access onto SW 104th Avenue. THE FOLLOWING CONDITIONS SHALL BE SATISFIED : . PRIOR TO THE ISSUANCE OF BUILDING PERMITS 7. Prior to issuance of a building permit on either new parcel, the builder shall pay the fee in-lieu of constructing a water quality facility. The fee is equal to $180 per lot. 8. Prior to issuance of the building permit, provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. NOTICE OF DECISION MLP 96-0008/130HART PARTITION PAGE 2 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS.::>::....::::: . . FROM.:THE:EFFECTIVE::DATE OF:THIS.DECISION...:::::. < < : . SECTION III: BACKGROUND INFORMATION Site History: No development applications were found to have been filed with the City. Vicinity Information: Properties to the north and south are zoned R-12 (Residential, 12 units per acre). Properties to the east are zoned R-3.5 (Residential, 3.5 units per acre). Properties to the west are zoned C-G (General Commercial). The surrounding area is developed with a mix of single-family, duplex, and commercial development. Site Information and Proposal Description: The property is currently developed with a single-family residence with access onto SW McDonald Street. The applicant is requesting Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167, 3,568, and 3,814 square feet. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Minor Land Partition - Approval Standards: Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards (Ord. 89-06; Ord. 83-52). NOTICE OF DECISION MLP 96-00081BOHART PARTITION PAGE 3 0 0 The proposal conforms with the City's Comprehensive Plan in that the newly created lots will continue to allow for residential development. This proposal, therefore, is not in conflict with the Medium Density Plan designation. This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision and by this application and review process. Adequate public facilities are available to serve the proposal. Section 18.162.050 contains the following special provisions for lots created through the Partition Process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage: Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. NOTICE OF DECISION MLP 96-0008/130HART PARTITION PAGE 4 0 • 10. Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Criteria 1 is satisfied as there is no minimum lot width requirement in the R-12 zone. Criteria 2 is satisfied as this partition would create lots of approximately 3,568, 3,814 and 8,167 square feet, exceeding the 3,050 square foot minimum lot size requirement. Criteria 3 is satisfied as the lots contain approximately 59, 130 and 50 feet of frontage on SW 104th Street and SW McDonald, thereby, exceeding the minimum 15-foot frontage requirement of Criteria C. The required setbacks in the R-12 zone are as follows: front yard - 15 feet; side yard - 5 feet; rear yard - 15 feet; garage - 20 feet; corner lot side yard - 10 feet; flag lot side yard - 10 feet; side or rear yard which abuts a more restrictive zoning district - 30 feet. As indicated on the site plan, the existing single-family home on parcel three complies with the setbacks, satisfying Criteria 4. Setbacks on the newly created parcels will be reviewed when they are built upon. Criteria 5 and 6 are not applicable to these lots as none of the lots are a flag lot. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8 is satisfied as a joint use and maintenance agreement shall be recorded with the plat for the common driveway. The plat will also provide for a 15 foot access easement for the benefit of lot three. Southwest McDonald Street is designated as a major collector street. As such, the City tries to limit the number of individual driveways which access onto collector streets. Since the existing garage faces, and currently accesses SW McDonald Street, the lot will be allowed to continue to utilize this existing driveway. In the event of future redevelopment of lot three, the City would prefer to restrict access to SW McDonald Street. Therefore, an access easement will be provided to allow access to SW 104th Avenue. Criteria 9 shall be satisfied as the parcels will share a minimum 20-foot-wide paved driveway. Criteria 10 is not applicable as neither of the parcels are within the floodplain. Section 18.88.010 (Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the basic requirement if it has a north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. As proposed, the newly created lots will not meet the basic requirement. This is due to the existing orientation of the existing residence and SW 104th Avenue. The newly created lot is, therefore, exempt from meeting the basic standard. It should be noted that a new structure must comply with the Solar Balance Point Ordinance even if a lot has been exempted from the basic solar requirement. This means that any structure to be built must maintain height and setback limits that avoid casting a shadow on solar features. NOTICE OF DECISION MLP 96-00081BOHART PARTITION PAGE 5 • • PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site fronts on both SW McDonald Street and SW 104th Avenue. SW McDonald Street is classified as a major collector street and will be fully constructed within a 60-foot right-of-way (ROW). Currently, there is only 20 feet of ROW north of the centerline on McDonald Street adjacent to this site. The applicant's plans indicate that he will dedicate an additional 10 feet of ROW as a part of this partition. The City will not require street improvements to McDonald Street as a part of partitioning the property because there will be very little traffic impact. However, since this proposal will incrementally add to the overall traffic impact of the roadway, the applicant will be required to enter into a non- remonstrance agreement that will obligate him to participate in the future widening of McDonald Street. The applicant is also required to dedicate additional ROW at the intersection of McDonald Street and 104th Avenue to provide a ROW radius of 24 feet, as required by City design standards. This corner radius will ensure that the sidewalk and future wheelchair ramp will be located fully within street ROW and not on private property. The applicant's plans show that this dedication will be made on the final plat. SW 104th Avenue is a local residential street that is mostly improved except for sidewalk adjacent to this site. As a part of partitioning this property, the applicant will be required to construct a five-foot concrete sidewalk adjacent to the frontage. There is a possibility that the existing sidewalk to the north lies slightly outside of the existing ROW. The applicant may need to create a transition section of sidewalk to bring the new section of sidewalk into the ROW. SANITARY SEWER: This site will be served from an existing eight-inch public sewer line in 104th Avenue. New laterals will be extended to the lots. STORM DRAINAGE: The site slopes toward the east. The roof drains from the houses will be directed toward 104th Avenue where the drains can be directed through the curb. NOTICE OF DECISION MLP 96-0008BOHART PARTITION PAGE 6 • STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. However, since this project will only add two additional lots, it is not feasible to require the applicant to build an on-site facility. The R&O allows the payment of a fee in-lieu of constructing a facility in these cases. We recommend that the applicant be required to pay the fee. This fee will be collected at the time each lot is issued a building permit. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. ACCESS: The existing house on Parcel 3 is currently oriented toward McDonald Street and has two driveways. Since McDonald Street is a major collector, the City's standards require new lots to be oriented toward local streets if available. Parcels 1 and 2 will have access onto 104th Avenue. In addition, the applicant will provide a joint access for the benefit of all three parcels. With this provision, the City will have the ability to close off access from Parcel 3 to McDonald Street in the event the house on Parcel 3 is removed in the future and a new home is built. Until such time, Parcel 3 may continue to have access onto McDonald. However, access will be limited to one driveway only. The applicant's plan indicates that the easterly access will be removed once the parcels are created and new homes are built. SECTION V: OTHER STAFF COMMENTS The City of Tigard Water Department has reviewed this proposal and states that water meters cannot be installed in paved areas. Meters need to be located behind sidewalks in landscaped areas. The City of Tigard Building Division has reviewed this application and have offered no comments or objections. SECTION VI AGENCY COMMENTS GTE has reviewed this proposal and states the developer is required to coordinate new telephone facilities with GTE. NOTICE OF DECISION MLP 96-0008/130HART PARTITION PAGE 7 0 PGE has reviewed this application and have offered no comments or objections. SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL:BE FINAL ON MAY.28, 1996 UN.LESS.A: N APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. >Tli'E DEADLINE`FOR :FILING OF AN APPEAL IS 3 30 P M. ON MAY 28 1996: Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. ~J "'Z' May 16. 1996 PREPARED BY: William D'Andrea DATE Assistant Planner May 16. 1996 APPROVED BY: Richard Bewers o DATE Planning Manager 1ACURPL WAT T11M LP-0EC. DOT NOTICE OF DECISION MLP 96-0008BOHART PARTITION PAGE 8 E° U n Lo - O.._ ` • \ ~v . i o CL z G -z tU j cf) Z ~ ~ lay - ~ i l - - - - _ LL O 1 . a; ,171 ,al ~ ~3 I N ,ICI LAN CASE NO. - PLOT P QZ MLP 96_0008 EXHIBIT MAP BOHARTPARTMON ST CLI 0 HILL VIEW C: C: 0 ubject D Parcel---> > o ~ McDO o ~ 4- O! UI 1ClYllty Map MU 90-0008 BOHART PARTITION N ~ $4LP qo-o 9 6.oh&r& . 1 of"2) ~~h:~ 2S 111 BB-02100 2S 102CC-08500 40 EXH7 BULLOCK, MICHAEL T AND C H S INVESTME 'CAROL HOOPES PO BO) '10342 SW MCDONALD TLAND,OR 97215 TIGARD,OR 97224 2S102CC-08400 2S102CC-03100 CAPRI, MICHAEL J CCHMN ENTERPRISES 14480 SW PEACHTREE DR 10580 SW MCDONALD #200 TIGARD,OR 97224 TIGARD,OR 97224 2S102CC-08300 2S1 1 OAA-02900 CHS INVESTMENTS CO EMMERT, TERRY W PO BOX 15199 11811 SE HWY 212 PORTLAND,OR 97215 CLACKAMAS,OR 97015 2S102CC-03001 2S102CC-03400 FAGAN, BETSY HAMPTON, DANIEL L & CHERISSE M 10350 SW HILLVIEW ST 10345 SW MCDONALD TIGARD,OR 97223 TIGARD,OR 97224 2S102CC-08100 2S102CC-08200 HOUSING AUTHORITY OF JOHNSON, PAMELA R WASHINGTON COUNTY 13915 SW 104TH AVE 111 NE LINCOLN ST #200-L TIGARD,OR 97223 HILLSBORO,OR 97124 2S111 BB-02101 2S110AA-03100 KELLEY, LARRY D KENDLER, ILA V 4000 SW CORBETT AVE 14040 SW 105TH #B PORTLAND,OR 97201 TIGARD,OR 97224 2S 11 OAA-03000 2S 103DD-01201 LOWER, CHARLES LEO AND MILLER, PRUDENCE M LOWER, FLORENCE LUVENA, TRUSTE 4220 SW GREENLEAF DRIVE 17025 NE HERD RD PORTLAND,OR 97221 NEWBERG,OR 97132 2S102CC-03300 2S102CC-03302 MORRIS, MICHAEL D & LINDA B MORRIS, MICHAEL D & LIN B 10375 SW MCDONALD ST 10375 SWM ST TIGARD,OR 97223 T40ARD,OR 97223 2S 102CC-02800 2S 102CC-03000 MULLINS, MICHAEL C & JUDITH E SHEHORN, RICK ULINDA K 10330 SW HILLVIEW 10360 SW HILLVIEW ST TIGARD,OR 97223 TIGARD,OR 97223 2S102CC-03301 2S110AA-00400 SPECIALIZED HOUSING, INC SPECTRUM DEVELOPMENT CORP 5319 SW WESTGATE DR #124 9220 SW BARBUR BLVD PORTLAND,OR 97221 SUITE 104 PORTLAND,OR 97219 pAj,p q(,p v s A66Aar~ --2 ofd, 2S102CC-08600 2S103DD-00600 TIETZ, MICHAEL R TIGARD GRANGE NO. 148 13845 SW 104TH AVE BY PHILIP R. YOUNT, TREASURER ~TIGARD,OR 97223 11222 COTTONWOOD LANE r TIGARD,OR 97223 2S102CC-08000 2S110AA-00500 VANDENBOS, TIMOTHY R TRUSTEE WARNKE, DONALD H & SALLY MAE 10415 SW HILLVIEW ST 11962 SE GRAND VISTA TIGARD,OR 97223 CLACKAMAS,OR 97015 2S1 11 BB-01 500 2S102CC-03200 WASHINGTON COUNTY OF WESTOVER, PHILIP S AND CLACKAMAS COUNTY OF CHRISTINE M 150 N FIRST AVE, RM B-7 10340 SW HILLVIEW ST HILLSBORO,OR 97124 TIGARD,OR 97223 RON BOHART 15491 SW MCDONALD STREET TIGARD OR 97224 City of Tigard, Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, Patricia L. Lunsford, being first duly swom/affirm, on oath depose and say: that I am an Administrative Specialist II for The City of Tigard, Oregon. ❑ That I served NOTICE OF (AMENDED PUBLIC HEARING FOR: (meek box above, rf apOkaWe) (check appropriate box below) (Enter Public Hearing Date above) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission 0 Tigard Hearings Officer ❑ Tigard City Council That I served NOTICE OF (AMENDED DECISION FOR: (Ch-kboxabe^NapOkable) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED FINAL ORDER FOR: (cheek bm above, it aowkabb) (check appropriate box below) 0 City of Tigard Planning Director 0 Tigard Planning Commission 0 Tigard Hearings Officer 0 Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A", was maled to each na d person(s) at the addres (s) shown on the attach II t(s), marked Exhibit "B" o he , day of 199 , and deposited in the Unit d States Mail on the day of 199 , postage prepaid. r'G 07 Pr ared Notice Subscribed and sworn/affirmed before me on the ay of v , 19, OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC-OREGON COMMISSION NO. 046142 MY COMMISSION EXPIRES SEPTEMBER 07, 1999 NOTARY PUBLIC F REGO My Commission E ' es: 7 BFILE FO.•~ ~9~~ NAME(S): CASE NO.(S): P qle _1012 TYPE OF NOTIICE&DATE: CITY OF TIGARD PROPOSAL DESCRIPTION PILE NO: MINOR LAND PARTITION (MLP) 96-0008 FILE TITLE: BOHART PARTITION APPLICANT: Ron Bohart - OWNER: Same 15491 SW Peachtree Drive Tigard, OR 97224 (503) 590-0107 REQUEST: A request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167, 3,568, and 3,814 square feet. LOCATION: 10475 SW McDonald Street (WCTM 2S1 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre). The R-12 zone allows single-family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. CIT: South CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY X STAFF DECISION _ PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: William D'Andrea (503) 639-4171 x315 MLP 96.0008 BOHART PARTITION PROPOSAL/REQUEST FOR COMMENTS i CITY OF ToGARo, OREGON ?ARTITION APPLICATION CITY OF TIGARD, 13125 SW Hall ijgard, Oregon 97223 - (503) 639-4171 FOR STAFF/,, USE ONLY CASE NO . 111 W q 5(A OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: GENERAL INFOELMATION Application elements submitted: 'ROPERTY ADDRESS /LOCATION JQa:~ SA). A(CaA", (A) Application form (1) (B) Owner's signature/written v iAX MAP AND TAX LOT NO. authorization TL (C) Title transfer instrument (1) SITE SIZE PROPERTY OWNIE jz _ /DEED HOLDER* (E) Plot plan (pre-app check list) ADDRESS 15 6 ! ( F ) Applicant's statement ~ CITY ~J~aq ~n c) ,Y2-- ZIP ??-224 (pre-app check list) k?PLICANT* -~~i-S~MIA~Z DRESS 1%149( 5,W. &,AC(JFT~DAHONE 5f6`O(b~ :ITY TL& A-49),Q/2- ZIP 9-27-9- (H) Filing fee (1235) 'When the owner and the applicant are different :eoole,.the applicant must be the purchaser of record )r a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE: :-om the owner or an agent of the owner with written .ithorizatioa. The owner(s) must sign this oolication -n the space provided on Dage two or FINAL DECISION DEADLINE: .ubmit a written authorization with tzis application. "COMP. PLAN/ZONE DESIGNATION: PROPOSAL SUMNWRY The owners of record of the subject property request pe-mission to divide N.P.O. Number: ~t`oal area into containing Planning Director Approval Date: (No. of parcels and acres (or square -feet eac-). Final Approval Date: Planning Engineering 3519P/13P Recordation Date and Number: ev' d : 3/88 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: )n 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S),SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants -so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this day of 19~ 1 241;1 SIGNATURES of each owner (eg. husband and wife) of the subject property. (KSL:pm/0737P) RON BOHART 503 590 0107 P.02 I. FIDELITY NATIONAL TITLE Escrow No.: 638396-OOC-CRC 1700 NW 167th Place, Ste 245 Escrow Officer: Catherine R Beaverton OR 97006 Date: 05/09/96 BUYER FILIAL STATEMENT _ _ _ _ = a Z a = _ _ = c a = _ _ . P + _ _ _ _ _ = c = 7 ~ _ _ _ _ = c = c = a c = _ = c a = _ _ _ ~ a s c = = v = _ = c = _ _ _ = C C _ : _ = c c c = _ _ = 9 D BUYER: RON BOHART, EMILY'BOHART SELLER: CCf= Enterprises PROPERTY ADDRESS: 10475 SW McDonald Street, Tigard, OR 97223 SETTLEMENT DATE: 05/09/96 PRORATE DATE: 05/09/96 PRICE: 121,000.00 as=====_____= BUYER CHARGES P.O.C AMOUNT Sale Price 121,000.00 County Tax Prorate 220.03 $1,519.46 prorated from 05/09/96 to 07/01/96 at $4.151 per day. Loan Origination Fee to Washington Mutual Savings Bank 1,680.88 Appraisal Fee to Sheila Ostley 400.00 Tax Service Fee to Transamerica 74.00 Flood Research to US FLood Research 20.00 Doc Review to Washington'Mutual Savings Bank 150.00 Wire Fee to Washington Mutual Savings Bank 15.00 Interest from disbursement to Washington Mutual Savings 459.77 Hank at $19.990 from 05/09/96 to 06/01/96 Hazard Insurance Premium to James Weaver Insurance 316.00 Escrow fee to Fidelity National Title 255.00 Fed/X-courier fee to Fidelity National Title 25.00 Lende'r's Title Ins Coverage to Fidelity National Title 169.00 Endorsements: 100,116,8.0,ARM to Fidelity National 100.00 Title Washington Cc Trnfr Tax to Fidelity National Title 60.50 Recording Fee: Deed to Fidelity National. Title 38.00 Recording Fee: Trust Deed to Fidelity National Title 68.00 Refund of overdeposit to Ron Bohart & Emily Bohart 5.42 GROSS DUE FROM BUYER 125,056.60 BUYER CREDITS P.O.C AMOUNT Deposit with lender to Washington Mutual Savings Bank 438.00 Deposit to escrow 44,824.96 Deposit or earnest money 2,000.00 Principal amount of new loan to Washington Mutual 79,100.00 Savings Bank Rent ® $600.00 month 445.16 $600.00 prorated from 05/09/96 to 06101196 at $19.354 per day. TOTAL PAID BY/FOR BUYER 126,808.12 _=====9G:.~==_===='J' ~~-.===cc==-J~..~-__===~=1C~.~.-C====o=--70.:2=a=c======--7.-..G =~___===-=7 GROSS DUE FROM BUYER 125,056.60 TOTAL PD BY/FOR BUYER 126,808.12 NET TO BUYER 1,751.52- Certified to be a TRUE and EXACT copy of the original statement. FIDELITY NATIONAL TITLE By: ~ 0 CJ241,04~ Catherine R lyborne, CEO, Escrow Officer, Branch Manager Ron Bohart 15491 SW Peachtree Dr. Tigard, OR 97224 (590)0107 (590) 0107 FAX City of Tigard 13125 SW Hall Tigard, OR 97223 APPLICATION FOR MINOR LAND PARTITION 10475 SW McDonald Tigard, OR 97223 Lot dimension requirements: All lots created have a minimum of 15 feet of frontage. Special setbacks: With the inclusion of a 10' dedication along the South property line, bordering McDonald, the newly created lots will be 30' from the center of McDonald Street. Building height provisions: All building height provisions will be adhered to. Residential development solar access requirements: The houses are oriented in a EW line to gain maximum southern exposure to the long axis of the buildings. The roof ridges run EW so that maximum southern sun strikes %s of the available roof area. The trees on " New Lot I" will be taken out in construction and will not impact solar gain. The 18" spruce on " New Lot 2 " will be removed in construction and will not impact solar gain, the 16" spruce will be in the newly dedicated right-of-way and not on the newly created property. It will have some effect on solar gain but is a relatively linear tree without much of a shadow pattern. Parking and access: Each new building will have two off street paved parking spaces. Access will be from a shared driveway on 104th Street which includes a 15' easement to allow access to the existing structure should it be removed and replatted for two single family structures or a duplex. Clear vision area: There is 30' clear vision area on the corner of McDonald and 104th as per plan "A". Street trees: Street trees will be provided within 6' of the public right-of-way on McDonald and 104`h Additional concerns or comments: There will be a 10' dedication to the city along the South property line that abuts McDonald street. The existing house now has a double circular driveway. The portion of the driveway that is nearest the corner of McDonald and 104`h will not be used. The shared driveway will be 20' paved at the 104`h street access. I believe I have addressed each and all of the required issues set forth in the application document and from the pre-application conference of April 9, 1996. SOLE: i" = 30' LOT DIV1510N llJILDFLOW FROPEizTiES, INC. 10'~5 SI.J McDonald 15491 ew ~EACNT~EE DR. TL 3100 I IG-sARD, 0I 5-1224 Mai: 25! 2CC (503) 590-0107 -131.38' S 89 201 III ,W m cn III-loll = NEW I OT 1 11' -1" ~ ~5~08 SQ/F T CA S11)EW,4L 15' EASEMENT TO r2E.~`. LO' 1 I 1 SQ/FT- ~n Lit : / ExISTING~ - L~ HOU5E ~ ~ 18'-III NEW LO i 2 N f I f -3 SIe(ltline 381' 50/F7 O 10 DEDiiC.4TII N TO CI I i v - UT. I11. =4. EM-I TOPOGR,4P{4ICAL TREES WILDFLOWER PROF, RTIE5, INC. 10-15 5w MGDona Id 15.4e] SW PEACHTRmE R. TL 3100 TIGARJ, S-12-2.4 Map: 251 "CG OR S-12-2.4 (5030 5,J0-010-1 _---18" C ~R'Y _ 1 ,-358 50/FT SIDEWALK 15' =A5E1"1ENT i 5 /FT- -o REAR Lo' l %,15 T I NCB !F/ i1O'U5E STREET TREE; f, LOT 2 3&1-1 50/FT )LE DA1z 10" S~RUC ' 1EML0C< 10 DI~D CATI~N TO CITY x m 5'vTIL ITY EA5`MENT % NCP O OSESGALE: I" = -'10' UTILITIES, EXIT tUILDFLOUJE =rOPEr~TIES, INC. 104 5 5UJ McDona Id I54 °I 5W FE/A(--,'r-'THEE DR, TL 3100 TIGATIRD, 0R `3-1224 flap: 251 2GG (503) 5C30-010-1 j ~=~AIND;~.AINS i --12' W,4TEzR LINT V % Mx."' a' 5 EfR LINE i -5' U T I L EEf-l. ENT !`i..NHOLE ID -c3.04 !~Y v ~.'`.N T i:NDE ~-~;R OUND FOllE: TO TOLE • ~s-se•r 19.:.00 _ - ~ pw- IN>,o~ rwac dls 1 00 I AL `Q rls :e~>n .ago 1400 1800 1600 1T00 1900 1900 ZO00 rroo • v r ~ U1 .1 J b J\~ y'~ y y N 110. 1... l~ OV OK. I.... b Om w~ I : - at s +s,ss': 17 l: p 1 n 1 2.0 2t 22 *01 191919 z w 8000 t • 4 X r Q »S.W. MILL MEW STREET Mww~%Nvil um- two • 86Q0 aus mm *%q a gas r 1 too I...s~ , 9 6 tL~ 24? Ac. 3000 9300 ~0~ so 21900 2600 2 54 w y L~ 206114 t 1 ®4004 Its•~ '""o• s 13 Q3 Q M 00° N Ns0°!~'[ t 2 - - a -2800 - - - Is" Q = 3204 - - - - - - - - 2700 - Ui- p ni 2 ul 81001°1'• aNt>ac. ~aNt 1 in Na a KDOWTS IS 3700 ? 1. 3302 a 3440 4500 = c xf 3sQa 48°° b .3.e iG .,sue 932 .3sa~a w .43~600 ~ Q :z 3300 .119& u 3 - INIVAL PO N TRICLI * N loots 110.1 1 r~AS 2 ,lo.t 3 Id 4 SW3leW 4 R .th T 10 I Yihlle This plat is bone ',c carr6ct. {hA ct)AlOAAy ~yrrr~5 1i•,hiEitr'+:r any lossrlCa tIfllK • fr q Mr ~i r~tidRCe 1hBr5r•~•:''•~rCiJ'11:ERi9URANfE 7r~~•.,~,j'". 1 S 1i 51.14VV ii'~= ^ - FORM No. 910 Q 1985 • F v=,~.~S:evens-Ness Law Publishing Ca. `':,.OWNER. S,+000NTER-OFFER Ponland, Oregon 97204 OK - IReaj or:Personal.Property) Dated . To - Broker der t o g - _ purchaser, offered in writing to p chose through you fr m the undersigne o ner, h reinafter_ cglled "sell r", the following described property O~ . af $ for a price of $ .~.payable of the tirnes_and'on the terms and conditions set forth in purchaser's said written offer, reference to which hereby is made. . ; Having considered the said offer, but of being: sdtisfied therewith, the undersigned I r e es f I owing coun- ter-4ra agrees to_accept gnd:c nsum t alejof_said. ` o for fjie rice.. r n _ s ' 1 as follows: 01' 9 . • v - -1- _ - . , - W r79 _-1 { /0_-Zg - - - _ _ c X~:-- - : = Any of purchaser's original writtenoffer nothereinabove:changed,=altered or modified hereby is approved and accepted by the seller; time is. of the essence-8f this counter=offer and unless the purchaser accepts the some, in writing within days from he:. ate hereof; this couriteF=offer -conclusiv6iy shall: be deemed withdrawn and of no force and effect. -_--kE A, : - - Via''"12t; Seller PURCHASER'S ACCEPTANCE OF SELLER'S COUNT01DFFER' , Dated 19 I acknowledge receipt of:-sellers 6bove,•:counter-offe , .he.reby .accept the same.ond agree to purchase said property for the price and on the terms and conditions set. forth in~my wfitten'offer mentioned above as altered and modified by the seller's above co r- r. • ::1 Purchaser SELLE EEMENT AND CLOSING :INSTRUCTIONS`;; : ~p Dated 19 96 The purchaser having 'accepted my ;coiinter=offe'f;: I:.ageee, to. pay forthwith to the above named broker a commission amounting to $..,72EtQ,.:. for services:rendered=iri this transactional authorize said broker to pay out of the sale proceeds all expenses of sale (including title expense ond-revenue: stamps, if any)'as well as-encumbrances on said property payable by me at/or before closing. I direct said'bPoker-t'-deposit in broker;s-client,trust-account"all moneys received by broker on this trans- action until needed in closing. In We event pur.cbser fails to complete the,-sale'ias herein provided, forfeited earnest money shall be distributed as follows aftef.decluction of:anyA ifi~Qirisurance::or escrov~i cancellation,chorges: ❑.To broker, or if this is o co-op transaction, to the listing. broker ext t '.t e=.'agreed•co`r,Jmission;.just .as-if the transaction had been consummated, with > . residue to seller Om _ - I acknowledge receipt of executed+copies'of.tlie Purchases s _said-original''offer; of my cou r- r and of this contract bearing purchaser's signature. r.. - v NOTE: IF ANY BLANK SPACES ARE INSUFFICIENT, usE SN.No 810 = = > J_W "HANDY PAD", TO BE SEPARATELY SIGNED BY BUYER AND SELLER-` : Seller ADDITIONAL LAND SALES CONTRACT/TRUST DEED PROVISIONS: If this transaction is for a real estate contract or trust deed, after closing date 155 n Buyer agrees to pay when due all taxes and liens placed on the property and have fire and standard extended coverage insurance satisfactory to 156 C Seller on the property. Buyers breach of any contractArust deed term shall entitle Seller to all rights available by contract/trust deed, in law or in 157 5 > equity, including the right to call the balance due and payable and to be reimbursed for all costs and reasonable attorney's fees. Unless assumed by 158 ?a` Buyer, Seller to pay all prior indebtedness on the property when due. The Buyer has the option to pay any such prior indebtedness, it Seller fails to do 159 so, and apply the amount paid against the sums due on the contract/trust deed. 160 MEDIATION/SMALL CLAIMS/ARBITRATION: Seller, Buyer, Listing REALTOR'firm, Selling REALTOR firm and all real estate licensees involved in 16, this transaction each agree that all claims, controversies and disputes, whether they be statutory, contract or in tort (including claims of rescission, 162 misrepresentation, concealment, negligence, fraud and for fees or commissions) between or among any of them which arise out of or are related to 163 c ° this agreement, or which relate to the interpretation or breach of this agreement (hereinafter collectively referred to as 'Claims°) shall be resolved in 164 accordance with the mediation, small claims and arbitration provisions specified herein. The obligation of all parties to comply with these provisions 16s ¢ shall survive closing of the sale and purchase of the property. The following matters are excluded from these provisions and do not constitute Claims: 166 u (a) judicial or non-judicial foreclosure, forfeiture or any other action or proceeding to collect any amount secured by or to enforce or for breach of a 167 trust deed, mortgage or land sale contract; (b) a forcible entry and detainer action; or (c) the filing or enforcement of a construction lien. The filing of a 168 notice of pending action (lis pendens) or the application to any court having jurisdiction thereof for the issuance of any provisional process or other 169 remedy described in Oregon Rules of Civil Procedure or corresponding federal remedies, including a restraining order, attachment or appointment of 17o receiver shall not constitute a waiver of the right to, or waiver of the duty to, utilize the procedures specified herein. 171 o MEDIATION: All parties and REALTORS' acknowledge that the use of mediation is the preferable method of resolving controversies and disputes. 172 Accordingly, all Claims shall first be submitted to mediation in accordance with the rules and procedures of the Home Seller/Home Buyers Dispute 173 Resolution System of the National Association of REALTORSO. The failure to offer or agree to mediate a Claim may result in the denial of the right to 174 prevailing attorney fees in arbitration. 175 SMALL CLAIMS: All Claims which are within the jurisdiction of the Small Claims Department of the District Court of the State of Oregon ('Small 176 E Claims Court") may be brought and determined there, and it shall not be required that such Claims be first submitted to mediation. Provided, however, 177 N~ Seller, Buyer, and all other real estate licensees involved in this transaction understand and agree that they may not bring any Claim against the other 178 in excess of the jurisdictional limit of Small Claims Court, except through the arbitration process described below. 179 ARBITRATION: All Claims that have not been resolved by mediation or which have not otherwise been filed in Small Claims Court, shall be resolved 180 by arbitration in accordance with the then effective arbitration rules of the Arbitration Service of Portland or the American Arbitration Association, is, c whichever organization is selected by the party who first initiates arbitration by filing a Claim in accordance with the filing rules of the organization 182 selected, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The 183 a prevailing party in any arbitration shall be entitled to apply to the arbitrator for an award of reasonable attorney fees in accordance with ORCP 68. 184 Provided, however, the prevailing party shall not be entitled to any award of attorney fees, unless it is established to the satisfaction of the arbitrator 18s that that party offered or agreed to participate in the above-described mediation process. 186 RECEIPT FOR EARNEST MONEY: The undersigned Selling REALTOR' firm acknowledges recg~pt- earnest m ney (which Selling REALTOR' firm 1e7 m agrees to handle as provided below) from Buyer in the sum of $ d~ ! idenced by ❑ CASH, ❑ CHECK 188 PROMISSORY NOTE, payable on or beforely4Zt44QZ de e~~P~,fiA7 O Oth 189 IK EARNEST MONEY INSTRUCTIONS: Buyer instructs the undersigned Selling REALTOR' Firm: (check one goo deposit the earnest money in 190 Selling REALTOR' Firm's client trust account or ❑ Deposit with / row or ❑ If funds are redeemed 191 under promissory note made payable to Selling RE:ALTOR° firm, transfer earnest money from Selling REALTOR' firm to 192 U C . SELLING REALTOR' FIRM SHALL HAVE NO FURTHER LIABILITY WITH 193 ' 75 RESPECT TO EARNEST MONEY WHICH THE PARTIES HAVE AUTHORIZED TO BE TRANSFERRED TO A THIRD PARTY. 194 75 w Selling REALTOR Firm: Selling REALTOR • t95 Branch Address: ~~~-SLV Gv~l~ ie, D Phone: 444/ r FAX: 196 Main Office Address: Phone: FAX: 197 F PROPERTY DISCLOSURE/DISCLAIMER LAW: Buyer acknowledges that unless otherwise exempted, Buyer has a right to revoke Buyers offer 19a within five (5) business days after delivery of Sellers property disclosure form, or within seven (7) business days after delivery of Sellers written 199 20 disclaimer form, or at any time before closing if Buyer does not receive either a disclosure or disclaimer form from Seller. Buyer may waive the right of 200 N revocation if done so in writing. If this transaction is exempted from the property disclosure/disclaimer law, Seller and Buyer are encouraged to sign a 201 y written acknowledgment identifying the speck exemption. Seller authorizes the listing REALTOR* firm to receive Buyers notice of revocation, it any, 2o2 ° on Sellers behalf. 203 N o Delivery of photo, telefax, carbon or NCR copies of an original signed document shall be treated the same as delivery of the original. 204 U NOTE: Fill in preprinted number from Page 1 4171- W-11 O 1995 Portland Metropolitan Association of REALTORS' (Rev. 61951 1 REALTOR' No portion may be reproduced without expressed permission of PMAR.. Buyers Initials: e SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 4 of 5 I nitials: te:'sj RFAI_Tt7R1R t^.r)PV ,-w Seller acknowledges that if property is new construction, Seller must comply with FTC insulation disclosure requirements. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS ~c SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR 5 SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL 62 ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT., THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. Unless otherwise herein provided, prope s o be conveyed by statutory warranty deed free and clear of all s_ liens and encumbrances of record except taxes which are a lien but not ye yabl ning ordinances, building and use restrictions, reservations in 41- F•,ederal patents, utility easements of record which benefit the property or a in whh, jh-the properly istoled s , private covenants, conditions and 6- es`"tuctt \;I. of record fort a development pf which the grope is a part, and _Z/ op / Q S .E FIXTURES: All fixtures are to be left upon the premises. Fixtures shall include but not be limited to: built-in appliances; attached floor covering; e;; drapery rods and curtain rods; window and door screens; storm doors and windows; irrigation, plumbing, ventilating, cooling and heating fixtures: 5 water heaters; attached electric tight and 4athroom fixtures; light bulbs, fluorescent lamps; window blinds; awnings; fences; all planted shrubs, plants 62 ~w and trees; EXCEPT: /~fLlOil1S' 63 o ; PERSONAL PROPERTY: The following personal property, in "as-is' condition and at no value is included: 64 a 65 ALARM SYSTEM: NONE OWNED ❑ LEASED. If leased Buyer ❑ will ❑ will not assume the lease at closing. Approximate monthly 66 lease payment is S 67 SELLER REPRESENTS T AT: (1) The above dwelling is connected to 421f a public sewer system ; ❑ a cesspool or septic tank;, a 66 public water system; ❑ a private well; (2) at the earlier of possession or closing date, the dwelling will have an operating smoke detector 69 as required by law; (3) Seller has no knowledge of any hazardous substances on the property other than substances (if any) contained in 70 o appliances and equipment; (4) Seller knows of no material structural defects; (5) all electrical wiring, heating, cooling, plumbing and 71 y 9 irrigation equipment and systems will be in good working order and the balance of the property, Including the yard, will be in substantially 72 , U its present condition at the time Buyer Is entitled to possession; (6) Seller has no notice of any liens to be assessed against the property; and (7) Seller has no notice from any governmental agency of any violation of law relating to the property. These represenptions are of 7- C: Seller's actual knowledge. Seller has made no investigation. Exceptions to items (1) through (7) are: ~QWZC Q,210,5_rZ2~ 7_ Buyer recognizes that asbestos commonly exists in insulation, ceilings, floor coverings and other areas in 76 residential properties. Seller makes no representations regarding the presence or condition of asbestos. 77 AS IS: Except for Seller's express written agreements and written representations contained herein, and Seller's Property Disclosure, it 7e n any, Buyer is purchasing the property AS IS, in its present condition and with all defects apparent or not apparent. Buyer has not relied on 79 a any additional representations made by Seller, agents of selling REALTOR* firm or listing REALTOR® firm (if any) regarding the size, sc condition, utility or any other aspect of the property. a, PRIVATE WELL: Seller represents that the private water well located on or serving the property has provided an adequate supply of water during the 62 entire year for household use, and to the best of Seller's knowledge, the water is fit for human consumption and the continued use of the well and 33 water is authorized by and complies with the laws of the State of Oregon and appropriate governmental agencies. No other representations are made 6- concerning the water supply and well except as expressly stated in this agreement. If the well provides water for domestic purposes, upon Seller's 6e acceptance of Buyer's offer, Seller, at Setter's expense, will have the well tested for nitrates and total coliform bacteria and for such other matters as sE 3 are required by the Oregon Health Division. Upon receipt, Seller shall promptly submit the test results to the Oregon Health Division and Buyer. s7 Buyer, at Buyer's expense, may have the well water tested for quantity or quality by a qualified tester, and obtain written report of such test or tests. 6E a showing the deficiencies (if any) in the well and the standards required to correct the deficiencies, all within business days (seven if not filled 99 in) after the date an agreement is made. If the written report of the test made by Seller or the written report of any such test made by Buyer shows a eo substantial deficiency in quantity or quality of the water, then Buyer may terminate this transaction by delivering written notice of termination, together 9; with a copy of the report, to Seller or the listing REALTOR within 24 hours after the receipt by Buyer of the written test report, unless within 24 hours 92 after delivery of notice of termination Seller agrees in writing to correct the deficiencies shown on the report. Any report obtained by Buyer will show 93 what deficiencies, if any, are substantial. 9: INSPECTIONS: Buyer understands that a complete professional inspection of the property is advisable. se PROFESSIONAL INSPECTION: At Buyer's expense Buyer may have the property and all elements and systems thereof inspected by one or 96 o more professionals of Buyer's choice. If an inspection report shows a material defective condition in the property, Buyer may terminate the 97 transaction by delivery to Seller or fisting REALTOR' written notice of Buyer's disapproval of the inspection report within business 9e days (seven if not filled in) after the date this agreement is made. Buyer shall promptly provide a copy of the report to Seller if requested by 99 Seller. Buyer understands that if Buyer does not disapprove of an inspection report in writing within the time provided above, that ,oo constitutes acceptance of the condition of the property. 101 ❑ BUYER'S INSPECTION: Buyer has personally inspected the property and all elements and systems thereof. Buyer is fully satisfied and has ,02 elected NOT to have an inspection performed by anyone else. 103 NOTE: Fill in preprinted number from Page 1 Es idoW rq •Mp a ~i _ ®1995 Portland Metropolitan Association of REALTORS° (Rev. 6/95) REALiOR~ No portion may be reproduced without expressed permission of PMAR. uyers Initia at SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 2 of Initials: ate:. 7~ q RFAI T1 R'.R COPY o THIS SALE WILL BE CLOSED IN ESCROW: Costs of escrow shall be shared eq I between Seller and Buyer, unless Buyer is financing through Federal VA, in which case Seller shall pay escrow costs. CLOSING: TIME IS OF THE ESSENCE. Closing shall occur on or before, or as soon thereafter as financing C documents can be prepared and marketable title delivered, but not to exceed b siness days (ten if not filled in). This extension is not available o if financing documents are prepared and marketable title can be delivered on the specified closing date. The terms "closing," "closed," or "closing L) date," shall mean when the deed or contract is recorded and funds are available to Seller. Seller and Buyer acknowledge that for closing to occur by the date specified, it may be necessary to execute documents and deposit funds in escrow prior to that date. 0 POSSESSION: Seller shall remove all personal property not sold to Buyer and deliver possession to Buyer: (Check one only) (1~ on the closing date; (2) ❑ days after the closing date; (3) ❑ on: .19 PRORATIONS: Prorates for rents, current year's taxes, interest on assumed obligations, and other prepaid expenses attributable to the property shall be as of: (Check one only) (1))Eg4he closing date; (2) ❑ date Buyer is entitled to possession; or (3) ❑ 119 0 1 SELLER POSSESSION AFTER CLOSIN • In the event that Seller and Buyer have agreed that Seller will deliver possession after the closing date, Seller shall pay as consideration $ per day for each day after closing that seller remains in possession of the property. Such payment shall be made by Seller through escrow at the time of closing. UTILITIES: Seller to pay all utility bills accrued to date Bu 41r is qgtitlecl to and Buyer to pay Seller for heating fuel then on premises, at m Seller's suppliers rate on the possession date. Payment to b 4&e een Buyer and Seller outside of escrow. D INSURANCE: Seller to keep the property insured until closing. 1-e [~4o2 ESCROW DEPOSIT: The neutral escrow depository in Oregon is hereby instructed ~rbyySeller, Buyer, selling REALTOR'firm and the listing REALTOR' firm (if any) as follows: (1) Upon your receipt of a copy of Buyer's offer marked "rejected" by Seller or of selling REALTOR* firm's written advice that o the offer is "rejected' by Seiler you are to refund the earnest money to Buyer. (2) Upon your receipt of a copy of the sale agreement signed by Seller, CL Buyer, selling REALTOR* firm and the listing REALTOR* firm (if any), set up an escrow account and proceed with closing in accordance with the o terms of this agreement. If you determine that the transaction cannot be closed for any reason (whether or not there is then a dispute between the ui parties), hold the earnest money deposit until you receive mutual written instructions from Seller, Buyer, selling REALTOR' firm and the listing REALTOR'firm (if any) as to disposition of the deposit. TITLE INSURANCE: Prior to closing, Seller will promptly furnish to Buv`~er a preliminary title report by a title insurance company showing the condition y of the title to the property. Within 30 days after closing, Seller shall fi Buyer an ALTA standard form of title insurance policy insuring Buyer in s the amount of the purchase price and showing good and marketable title. ~b~* / r1 EARNEST MONEY PAYMENTIREFUND: If Seller does not approve this agreement, or cannot furnish marketable title within thirty days after notice containing a written statement of defects is delivered to Seller (but in no event beyond the closing date), or Seller having approved the sale fails to J consummate it, the earnest money shall be refunded. However acceptance by Buyer of the refund does not constitute a waiver of other remedies available to Buyer. If Seller approves the sale and title is marketable and either: (1) Buyer has misrepresented Buyer's financial status; or (2) Buyers n? bank does not pay any check given as earnest money, when presented; or (3) Buyer fails to redeem any note given as earnest money, when due; or E (4) Buyer fails to complete the purchase or perform any other act as herein provided; then the earnest money herein receipted for and any additional w a earnest money paid or agreed to be paid shall be paid to Seller as liquidated damages, and this agreement shall be of no further binding effect. It is the intention of the parties that under no circumstances shall Buyer be liable to Seller under this agreement beyond the amount of earnest money provided for herein. m N BINDING EFFECT/CONSENT: This agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seller. a ww o However, Buyer's rights under this agreement or in the property are not assignable without prior written consent of Seller. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT: The Foreign Investment in Real Property Tax Act ('FIRPTA'), requires every person who a purchases real property located within the United States from a 'foreign person' to deduct and withhold from the Seller's proceeds ten percent (1011.) a of the gross sale price, with certain exceptions, and to pay the amount withheld to the Internal Revenue Service. A 'foreign person' includes a non- CL resident alien individual, foreign corporation, foreign partnership, foreign trust and foreign estate. Seiler and Buyer agree to execute and deliver, as appropriate, any instrument, affidavit or statement, and to perform any acts reasonable or necessary to carry out the provisions of FIRPTA. LEVY OF ADDITIONAL PROPERTY TAXES: The property (check one) ❑ is is not specially assessed for property taxes (e.g. farm, forest or other) in a way which may result in levy of additional taxes in the future. h, a ~?,esult of Buyer's actions or this sale of the property, the property either is disqualified from special use assessment or loses its deferred property tax status, unless otherwise specifically provided in this agreement, o m m Buyer shall be responsible for and shall pay when due, any deferred and/or additional taxes and interest which may be levied against the property, of and shall hold Seller completely harmless therefrom. However, if as a result of the Seller's actions prior to closing, the property either is disqualified <a from its entitlement to special use assessment or loses its deferred-property tax status, Seller shall be responsible for and shall pay at or before closing, all deferred and/or additional taxes and interest which may be levied against the property and shall hold Buyer completely harmless therefrom. NOTE: Fill in preprinted number from Page 1 - W-1 ®1995 Portland Metropolitan Association of REALTORS' (Rev. 6/95R REALTOR® No portion may be reproduced-without expressed permission of PMA. fryers Initia e: SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 3 of RFAI Tr)R'q r..r)PV SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY This is a legally binding document. If not understood, seek competent advice before signing. 2 FINAL AGENCY A~CKNOW EDGMENT: Seller and Buyer hereby acknowledge and consent tQthe following agency relationships in this transaction: (selling REALTOR) of -72!W (selling REALTOR' firm) is the _ agent of (check one) the Buyer exclusively ('buyer agency'). ❑ the Seiler exclusively ("subagency'). ❑ both the Seller and the Buyer ("in- company/ttrransaction a s r (2) (listing REALTOR' of (listing REALTOR' firm) is the r o agent of (check one : the Seller exclusively. ❑ both the Seller and the Buyer ('in-company transaction') s 3 s Buyer shall sign this acknowledgment at the time of signing this agreement before submission to Seller. Seller shall sign this acknow dgment at the 9 x time this agree t s first submitted to seller, even if this agreement will be rejected or a counter-offer will be made. Seller's signa re to this Final o `Q Agency Acknowle nt on reeme hall not constitute acceptance of the agreement or any terms therein. ° Buyer Signature: 10 Q Date: 4,19 12 Date: 19 13 Seller Signature: Date: ,~b3 4 Date: , 19 15 The undersigned Buyer offers to purchase the following described real property situated in the County ofState of Oregon 16 (legal description): / 17 and commonly known as (street address):1O-~17S _V4 /W, g 0"0" A, 0 66 ,8 for the purchase price of 19 on the following terms: Earnest money herein receipted for $ 02 Ml% 20 on as additional earnest money, the sum of $ 21 at or before closing, the balance of down payment $ ~ ~ i O 0 22 at closing and upon delivery of EED ❑ CONTRACT the sum of (Lines 20, 21, 22 and 23 must equal Line 19) $~d 1-100 23 payable as follows: ~~'I/ en, 25 26 27 2e If Buyer assumes indebtedness, then in addition to the purchase price,. Buyer is to pay required assumption fee and reimburse Seller for sums held in 29 reserve accounts. 30 BUYER'S REPRESENTATION: Buyer represents that Buyer has sufficient funds available to close this sale in accordance with this agreement and is 31 not relying on any contingent source of funds unless otherwise disclosed in writing in this agreement. 32 c IF NEW LOAN IS REQUIRED, TRANSACTION SUBJECT TO BUYER AND PROPERTY QUALIFYING FOR THE LOAN. Buyer agrees to make 33 written loan application not later than business days from date an agreement is made, complete necessary gapers and exert best efforts to 34 ~m p procure the loan. It discount points are required for financing, they will be paid as follows: 35 02/ r Q Lender required repairs will be paid as follows: - 37 Unless otherwise provided herein, lender requ' a inspection fees will be paid by Buyer. 38 SP CSI/AL/C~O YA NDITIONS:__kU_Q~/~. ~i ~//J/~P i1~ ~~✓~O/1T 39 -/lVst0/2 Z2 40 n 41 6.2 a 42 C. C C. o U 43 a4 45 46 47 For additional provisions, see Addendum 48 t Earnest Money Receipt No. 2 5 4 6 6 8 C 1995 Portland Metropolitan Association of REALTORS®(Rev. 6/95) ~w REALTOR' No portion may be reproduced without expressed permission of PMAR. Eelle itia Gd SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY- Page 1 itials : REALTOR'S OnPY _ 10 CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES RESIDENTIAL CITY OF TIGARD OREGON DATE: STAFF: W of ` A APPLICANT: W i l l Cow PP. AGENT: Phone: ( ► C03q- 1 T5qq Phone: ( 1 PROPERTY LOCATION ADDRESS: - /04/75 .5L"J PAC-b4 TAX MAP/TAX LOT: acr 31Ck:~) NECESSARY APPLICATION(S): M WD 2 64M-b 71 &-t?'-r M 1a tJ 1/d~2MALE - 5C-rec.-!-5 PROPOSAL DESCRIPTION: ~~-ti-I► I LX--Y l4jto ag LcllrS COMPREHENSIVE PLAN DESIGNATION: /lAr ow^A ZONING DESIGNATION: R- l o? CITIZEN INVOLVEMENT FACILITATOR: TEAM AREA: 5D0174 PHONE: (503) ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: 3050 sq. ft. Average lot width: ft. Maximum building height: ft. Setbacks: front ft. side ft. rear /5 ft. garage ?C ft. corner %O ft. from street. Maximum site coverage: 'WV "o Minimum landscaped or natural vegetation area: cX ) % ADDITIONAL LOT DIMENSIONAL REQUIREMENTS -T Minimum lot frontage: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15 foot wide access easement. ' The depth of all lots shall not exceed 2'/: times the average width, unless the parcel is less than 1'/Z times the minimum lot size of the applicable zoning district. (Refer to Code Section 18.164.060 Lots) CITY OF TIGARD Pre-Application Conference Notes Page 1 of 7 Residential applicatimPlatwng 0epartrt~tn Section fie rho • SPECIAL SETBACKS • Streets: 30 fesom the centerline of f\Ac,' D N AC.~ . • Established areas: feet from • Lower intensity zones: feet, along the site's boundary. • Flag lot: 10 foot side yard setback. • Zero lot line lots: minimum 10 foot separation between buildings. • Multi-family residential building separation: (Refer to Code Section 18.96.030) Accessory structures up to 528 square feet in size may be permitted on lots less than 2.5 acres in size - 5 foot minimum setbac: from side and rear lot lines. Accessory structure up to 1000 square feet on parcels of at least 2.5 acres in size (See applicable zoning district setbacks for primary structures.) BUILDING HEIGHT PROVISIONS • Maximum height of 30 feet in R-1, R-2, R-3.5 and R-4.5 zones. • Maximum height of 35 feet in R-7 and R-12 zones. • Maximum height of 45 feet in the R-25 zone. • Maximum height of 60 feet in the R-40 zone. FLAG LOT BUILDING HEIGHT PROVISI S Maximum height of 1'/z stories or 25 t, whichever is less in most zones; 2'/z stories, or 35 feet in R-7, R-12, R-25 or R-40 zone: provided that the standards of Code Section 18.98.030(8) are met. RESIDENTIAL DENSITY CALCULATION The Net Residential Units allowed on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development areF is calculated by subtracting the following land area(s) from the gross site area: 1. All sensitive lands areas including: a. Land within the 100 year floodplain. b. Slopes exceeding 250/0. C. Drainageways. 2. Land dedicated for park purposes. 3. Public right-of-way dedication. 4. All land to be provided for private streets (includes accessways through parking areas). (Refer to Code Section 18.92) BLOCKS When block lengths greater tha feet are permitted, pedestrianlbikeways shall be provided through the block. (Refer to Code Section 64.040) RESIDENTIAL DENSITY TRANSFER The City of Tigard allows a Residential Density Tra r of up to 25% of the units that could otherwise have been developed or sensitive lands areas listed in (1.) above which y be applied to the developable portion of the site. (Refer to Code Section 18.92.030). It is the resoonsibilit of the aoolic for a residential development application to provide a detailed calculation for both the permitter residential density and the req sted density transfer. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 7 Residential AppliwtianiFlanniq Oeparunent Section RESIDENTIAL DENSITY TRANSITION Regardless of the allowed housingaity in a zoning di ct, any property within* feet of a designated established area sha not be developed at a density greater than 125 =ich of the maximum Comprehensive Plan designation (not zoning) of the adjacer. parcel. Transition area applies to any propert is a designated established area. The subject property is designated as ar, area. The sub' t property is adjoined by estabfishedldevelopinglareas to the north, south, east and wes- FUTURE STREET PLAN AND EXTENSION OF STREETS 1. A future street plan shall: a. Be filed by the applicant in conjunc ' n with an application for a subdivision or partition. The plan shall show the pattern of existing and propose uture streets from the boundaries of the proposed land division and shall includ. boundaries of the proposed nd division and shall include other parcels within 200 feet surrounding and adjacen to the proposed land div' ion. b. Identify existing or p posed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilitie. on or within 500 et of the site. 2. Where necessary to Ive access or permit a satisfactory future division of adjoining land, streets shall be extended to thi boundary lines of he tract to be developed. (Refer to Code Section 18.164.030) RESIDENTIAL DEVELOPMENT SOLAR ACCESS REDUIREMENTS All subdivisions and minor partitions are subject to solar access requirements. These requirements state that a minimum of 80% o ` all lots created must be oriented far solar accessibility. The basic standard, which determines solar accessibility, requires that 80% of total number of proposed lots: 1. Demonstrate a north-south dimension of at least 90 feet. 2. Demonstrate a front lot line orientation within 30 degrees of a true east-west axis. The total or partial exemption of a site from the solar access requirement may be approved for the following reasons: 1. East, west or north slopes steeper than 20%. 2. Off-site shade sources (structures, vegetation, topography). 3. On-site shade sources (vegetation). Adjustments allowing a reduction of the 80% solar lot design requirement may be made for the following reasons: 1. Reduced density or an increased cost of at least five percent due to either: a. East, west or north slope greater than 10%. b. Significant natural feature. c. Existing road or lotting pattern. d. Public easement or right-of-way. 2. Reduction in important development amenities. 3. Pre-existing shade (vegetation). FLE3)SENE Mans and text are required which are sufficient to show that the development complies with the solar design standards. or that specific lots should be exempted or adjusted out. The following items shall be included in the analysis: CITY OF TIGARD Pre-Application Conference Notes Page 3 of 7 Residential AopiicadaWFlaming Oepuvnent Section I. The north-south lot di ion and front lot line orientation of each pro ed lot. 2. Protected solar buildins and relevant building site restrictions, if cable. 3. For the purpose of identifying trees related to exemption requests, a map showing existing trees which are at least 30 fee tall and over 6 inches diameter at a point 4 feet above grade shall be submitted. This map shall include the following: a. Height. b. Diameter. C. Species. d. A statement declaring that they are to be retained. 4. Copies of all private restrictions relating to solar access. The design characteristics of a developed solar-oriented lot are high levels of wintertime sun striking the south walls and roofs o. the house, house orientation maximizing south window area, and a south-sloping roof area. To achieve this, one may utilize the following: 1. Protected Solar Building Line - The solar building line must: a. Be oriented to within 30 degrees of a true east-west axis. b. Provide a minimum distance of 10 feet from the middle of the lot to the south property line. C. Provide a minimum distance of 45 feet from the northernmost buildable boundary of the subject lot to the north property line. 2. Performance Options - There are two performance options which may be utilized as follows: a. The house to be oriented within 30 degrees of an east-west axis and have at least 80% of the ground floor's south wall protected from shade. b. At least 32% of the glass and 500 square feet of the roof area face south and be protected from shade. Please contact the Building Division for further information regarding the Protected Solar Buildinq Line and Performance Options relating to building height and construction. PARKING AND ACCESS All parking areas and driveways must be paved. =7 • Single family: Requires 2 off-street parking spaces per dwelling unit. • Multiple family: Requires 1.5 parking spaces per unit for 1 bedroom. ` Requires 2 parking spaces per unit for 1 + bedrooms. Multi-family dwelling units with rtt re than 10 required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. (Re r to Code Section 18.106.030) No more than 40°'0 of required spaces ay be designated and/or dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: • Standard parking spac dimensions: 8 ft. 8 inches X 18 ft. • Compact parking space - ensions: 8 ft. X 15 ft. • Handicapped parking: All rking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled erson parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (A A). A handout is available upon request. A handicapped parking space symboi shall be painted on the parking space surface and an appropriate sign shall be posted. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 7 Residential Applicationil`lwdM Deparmw Section Bicycle racks are required for multi f ily, commercial and industrial developments. Bicycle racks shall be located in areas protecte: from automobile traffic and in can nt locations. Bicycle parking spaces shall 0ovided an the basis of one space for ever 15 required vehicular parking spaces. Minimum number of accesses: Minimum access width- I S Maximum access width: Minimum pavement width: /O REQUIRED WALKWAY LOCATION Within all attached housing (exc t two-family dwellings) and multifamily developments, each residential dwelling shall be connectee by walkway to the vehicular parki area, common open space and recreation facilities. CLEAR VISION AREA - The City requires that clear vision areas be maintained between three and eight feet in height at roadidriveway, roadlrailroad, any roadiroad intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) BUFFERING AND SCREENING In order to increase privacy a to either reduce or eliminate adverse noise or visual impacts between adjacent developments. especially between different land es, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Cade in terms width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees ano shrubs and must also achieve a balanc between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even i of required by the Cade. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional i ormation on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter .100) The required buffer widths which are applicable to ur proposal area are as follows: ft. along north boundary. ft. along east boundary. ft. along south boundary. ft. along west boundary. In addition, sight obscuring screening is required along STREET TREES Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two inches when measured four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A minimum of one tree for every seven parkin aces must be planted in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall inc a special design features which effectively screen the parking [at areas from view. These design features may include the use of lands ed berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. (Re r to Code Chapters 18.100, 18.106 and 18.108) SIGNS Sign permits must be obtained prior to installat of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or hei t beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Altemativel , Sign Code Exception application may be filed for review before the Hearings Officer. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 7 Residential Apoicatiamftuung Deparmem Sectian SE?JSITIVE LANDS The Code provi regulations for which are un I or develop* due to areas with ~dhe 100-year floodplain natural drainage wetland areas, slopes in ppm or on unstable ground. Staff will empt to preliminaril- identify sensitive I dift areas at the p application conference based vailable information. HOWEVER, e responsibility t, precisely identi sen lands areas an their boundaries is the res ons ' it of the applicant. Areas meetin a definitions o sensitive lands must h rl indicated on ns submitted with the develo nt a licatipn. (Refer to Code Ch ter 18.84) Chapter 18.34 als ovides regulations for the us protection, or modifi ' ' n of sensitive lands areas. Residential development i. prohibited within flo ins. In most cases, dedica of 100-year floodpe„ areas to the City for park and open space areas is required as a condition the approval of a developme application. <L;ATIVE e applicant shall submit a narrative which provides findings for all applicable approval standards. Failure to provide a narrative o. adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. Applicant shoulc review code for applicable criteria. NEIGHBORHOOD ME ING The applicant sha tify all property owners within 250 feet and the appropriate CIT Facilitator of their proposal. A minimum of 2 weeks between the 'ling date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. RECYCLIN 18.116 ADDITIONAL CONCERNS OR COMMENTS: Nar~3Q I? ® 10° 5~~l L~~0 ICA- kOw - th-00 MLe - to it EGTQIz Pbsslelf- ppwe w/W oosv2E ~~v Mel~c~v~Ce7 lorw ~i65eDE..tc~E D2n~~ O ro'ro I 01f T`{ VAKI'AXE °ro 9E,14 N~oa -RE~c•~s ~2a,.~c~ PROCEDURE /Administrative staff review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. CITY OF TIGARO Pre-Application Conference Notes Page 6 of 7 Residential applicationiPlamcng Department Section APPLICATION SUBMITTAL PROCESS All applications must be accepted *Planning Division staff member of the Comm* Development Department at Tigard City Ha. offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptanc: may be returned. Applications submitted after 4:30 P.M. on Thursday will be batched for processing with the following week' applications. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch map o a proposed project should be submitted for attachment to the staff report or administrative decision Application wit[ unfolded mans shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether ai application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additiona copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as beini complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions ma% take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing A 10, to 20 day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard lAotiko& A basic flow chart which illustrates the review process is available from the Planning Division upon request. WA-AtSswti This pre-application conference and the notes of the conference are intended to inform the prospective applicant of the primary. Community Development Code requirements applicable to the potential development of a particular site and to allow the City staf, and prospective applicant to discuss the opportunities and constraints affecting development of the site. P!£A;SENII<TI The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre-application conference(s) islare required if an application(s) islare to be submitted more than six months following this pre-application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: Yi1 AI ul)- u EF44 CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639.4171 CITY OF TIGARD Pre-Application Conference Notes Page 7 of 7 Residential ApplicationiPlamrirtg Oeoartcrent Section PUBLIC FACILITIES CITY OF TIGARD The purpose of the pre-application conference is to: OREGON (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decisior making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended b~ City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision makinc authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunit', to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width a: specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication far: 1 (1.) iQft..ZJ to 34 feet from centerline. (2.) 94~ /e yr to Zt- feet from centerline. C. a~ (3.) to feet from centerline. Street improvements: (1.) street improvements will be necessary along (2.) street improvements will be necessary along (3.) Street improvements shall include feet of pavement from centerline, plus the installation of curt and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five-foot wide sidewalk (sidewalks may be required to be wider an arterials or major collector streets, or in the Central Business District), necessary street signs, streetlights, and a two year streetlighting fee. A& z CITY OF TIGARD Pre-Application Conference Votes Page 1 of 3 Residential AppficationlEnginWng Deparmxm Section In some cases, where street i vements or other necessary public impro ents are not currently practical, the streE improvements may be deferred. fuch cases, a condition of development appr may be specified which requires the properr owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formatiot of a local improvement district formed to improve: 0 440 ft. (2.) Pedestrianways/bikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in 60 A, D. ~ . The proposed development must be connected to a sanitary sewer. It i_~ the developer's responsibility to extend the sewer along the proposed development site's n~o .ieaaccu~~ Water Supply: The T~ 4tiFJ Water District - Phone:(503) provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposee development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526.2502) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other Agency Permits: Storm sewer improvements: / o f y - STORMWATER QUALITY FEES The Unified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90-43 Surface Water Management Regulations which requires the construction of on-site water quality facilities. At the discretion of the City, the applicant may be offered an opportunity to pay a fees in_ lieu of the construction of such a facility. The resolution requires the construction of a water quality facility and/or the payment of a fee. The fee shall be based upon the amount of impervious surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall determine ii a fee may be paid or a facility shall be constructed. -Are- CITY OF TIGARD Pre-Application Conference Notes Page 2 of 3 Residential ApOicationiEnoiegring Deparvnent Section TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collect fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF mad be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. STREET OPENING PERMIT No work shall be preformed within a public right-of-way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. A7_t ~/,en _V 494_ Pith FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. PREPARED BY: ENGINEERING DIVISION PHONE: (503) 639-4171 1cU0ginipat tylpreappmM t ;em1mcnon pmapp eng) January 11. 139: CITY of TIGARD Pre-Application Conference Notes Page 3 of 3 Residential ApptiwtimEngineering Oeu mem section _ • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST CITY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639-4171. Staff: Wal M Atjh&,-4- Date: /'off APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE V MARKED ITEMS A) Application form (1 copy) B) Owner's signature/written authorization r~ C) Title transfer instrument/or grant deed QY D) Applicant's statement No. of Copies a E) Filing Fee $ SEF 5c ~oyt~ SITE-SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE V MARKED ITEMS A) Site Information showine: No. of Copies 1. Vicinity map 2. Site size & dimensions 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) 171 4. Drainage patterns, courses, and ponds ri<Y 5. Locations of natural hazard areas including: ❑ (a) Floodplain areas ❑ (b) Slopes in excess of 25% ❑ (c) Unstable ground ❑ (d) Areas with high seasonal water table ❑ (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils ❑ 6. Location of resource areas as shown on the Comprehensive Map Inventory including: ❑ (a) Wildlife habitats ❑ (b) Wetlands ❑ 7. Other site features: (a) Rock outcroppings ❑ (b) Trees with 6" + caliper measured 4 feet from ground level 8. Location of existing structures and their uses e' 9. Location and type of on and off-site noise sources ❑ 10. Location of existing utilities and easements E3, 11. Location of existing dedicated right-of-ways 121,11 LAND USE APPLIG-\TION / LIST PAGE 7 OF 5 B) Site Dev (o ment Pl.0lndicatin lao. of Copies 1. The roposed site and surrounding properties ❑ 2. Conto r line intervals ❑ 3. The to tion, dimensions and names of all: (a) E 'sting & platted streets & other public ways and eas ments on the site and on adjoining properties ❑ (b) Pro sed streets or other public ways & easements on th site ❑ (c) Altern tive routes of dead end or proposed streets that re ire future extension ❑ 4. The location d dimension of: (a) Entrance and exits on the site ❑ (b) Parking a circulation areas ❑ (c) Loading an services area ❑ (d) Pedestrian a d bicycle circulation ❑ (e) Outdoor co on areas ❑ (f) Above groun utilities ❑ 5. The location, dimen ions & setback distances of all: (a) Existing perman nt structures, improvements, utilities, and easements whic are located on the site and on adjacent property within 2 feet of the site ❑ (b) Proposed structure improvements, utilities and easements on the site ❑ 6. Storm drainage facilities a d analysis of downstream conditions ❑ 7. Sanitary sewer facilities ❑ 8. The location areas to be Ian scaped ❑ 9. The location and type of out or lighting considering crime prevention techniques ❑ 10. The location of mailboxes ❑ 11. The location of all structures an their orientation ❑ 12. Existing or proposed sewer reimb rsement agreements ❑ C) Grading Plan Indicating: No. of Copies The site developm t plan shall include a grading plan at the same scale as the site analysis \ofsanit and shall contain the following information: 1. The location nt to which grading will take place indicating: (a) General lines ❑ (b) Slope ra❑ (c) Soil stabproposal(s) ❑ (d) Approxia of year for the proposed site development ❑ 2. A statement fistered engineer supported by data factual substantiating(a) Subsurfara ion and geotechnical engineering report ❑ (b) The valianit ry sewer and storm drainage service proposals ❑ (c) That all s wi I be mitigated and how they will be mitigated ❑ LAND USE APPLICATION / LIST PACE 2 OF 5 • D) Architectural Draw Indicatin : ~o. of Copies - The site developme Ian proposal shall include: 1. Floor plans indica ing the square footage of all structures proposed for use o -site 2. Typical elevation dra ings of each structure E) Landsca a Pla Indicatin : No. of Copies The landscape Ian shall be drawn at the same scale of the site analysis plan or larger scale if necessary and shall indicate: 1. Description f the irrigation system where applicable ❑ 2. Location and eight of fences, buffers and screenings ❑ 3. Location of ter ces, decks, shelters, play areas, and common open spaces ❑ 4. Location, type, 'ze and species of existing and proposed plant materials ❑ 5. Landscape narrat ve which also addresses: (a) Soil conditio s ❑ (b) Erosion contr I measures that will be used (3 1 F) Sign Draw s. 0 Sign drawing shall be submitted in accordance with Chapter 18.114 of the Code as in of the Site Development Review or prior to obtaining a Building Perm' to construct a sign. G) Traffic Generat'i~n Estimate: ❑ H) Preliminary Partition/Lot Line Adjustment Map Indicating: No. of Copies /J 1. The owner of the subject parcel ell 2. The owner's authorized agent V 3. The map scale (20,50,100 or 200 feet=1) inch north arrow and date 0/ 4. Description of parcel location and boundaries w~ 5. Location, width and names of streets, easements and other public ways within and adjacent to the parcel r 6. Location of all permanent buildings on and within 25 feet of all property lines 9?1 7. Location and width of all water courses ❑ 8. Location of any trees within 6" or greater caliper at 4 feet above ground level e/ 9. All slopes greater than 25% ❑ 10. Location of existing utilities and utility easements o- 11. For major land partition which creates a public street: (a) The proposed right-of-way location and width rra~ (b) A scaled cross-section of the proposed street plus any reserve strip ❑ 12. Any applicable deed restrictions 13. Evidence that land partition will not preclude efficient future land division where applicable ❑ LAND USE APPUC-kTION J LIST PAGE 3 OF 3 1) Subdivision Prelimigairy Plat Ma and Data Indicatin ~o. of Copies 1. Scale equali g 30,50,100 or 200 feet to the inch and limited to one phase per sh et ❑ 2. The propose name of the subdivision ❑ 3. Vicinity map howing property's relationship to arterial and collector stree ❑ 4. Names, addres es and telephone numbers of the owner, developer, engineer, surve er and designer (as applicable) ❑ 5. Date of applica ion ❑ 6. Boundary lines f tract to be subdivided ❑ 7. Names of adjac nt subdivision or names of recorded owners of adjoining parcel of un-subdivided land E3 8. Contour lines rel ted to a City-established benchmark at 2-foot intervals for 0-10% grades greater than 10% ❑ 9. The purpose, loca ion, type and size of all the following (within and adjacent to the pr posed subdivision): (a) Public and p ivate right-of-ways and easements ❑ (b) Public and p vate sanitary and storm sewer lines ❑ (c) Domestic w (c) r mains including fire hydrants ❑ (d) Major power t lephone transmission lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservati ns for parks, open spaces, pathways and other land encumbra ces ❑ 10. Approximate plan an profiles of proposed sanitary and storm sewers with grades and pipe izes indicated on the plans ❑ 11. Plan of the proposed ater distribution system, showing pipe sizes and the location of valves a d fire hydrants ❑ 12. Approximate centerline~profiles showing the finished grade of all streets including street extensio s for a reasonable distance beyond the limits of the proposed subdivisio ❑ 13. Scaled cross sections of roposed street right-of-way(s) ❑ 14. The location of all areas s bject to inundation or storm water overflow ❑ 15. Location, width & directio of flow of all water courses & drainage-ways 13 16. The proposed lot configura ions, approximate lot dimensions and lot numbers. Where lots ar to be used for purposes other than residential, it shall be indica ed upon such lots. ❑ 17. The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, an the location of proposed tree plantings ❑ 18. The existing uses of the prope , including the location of all structures and the present uses of the str ctures, and a statement of which structures are to remain after platting ❑ 19. Supplemental information inclu ing: (a) Proposed deed restrictions if any) ❑ (b) Proof of property ownershi ❑ (c) A proposed plan for provisio of subdivision improvements ❑ 20. Existing natural features including rock utcroppings, wetlands & marsh areas ❑ 21. If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application ❑ LAND USE APPLICATION / LIST PAGE 4 OF 3 J) Solar Access~alculations: 13 1Q Other information No. of Copies E3 h:VoginNpattylmastersV-ckl ist.mst .May 23, 1995 LAND USE APPLIUTION J LIST PAGE 5 OF 3 FARMERS INSURANCE GROUP OF COMPANIES f 10M DILL COFFEE 503-639-1847 ` 0580 Sod MCDONALD ST FAX 684-7595 SUITE 101 TIGARD OR 97224 November 21, 1995 CITY OF TIGARD 13218 SW HALL BLVD TIGARD OR 97223 RE: PREAPPLICATION MEETING I request a preapplication meeting to discuss the feasability of partioning our property located at the corner of 104th and McDonald. We would like to schedule a meeting for Thursday, November 28th. It appears that the required 3,050 square feet minimum lot size is not a problem. What may be a problem is set backs, especially if the City requires a driveway to exit onto 104th. The adjoining lot on 104th has a sidewalk 9' off the curb. Edill we be required to keep the same, or can we curve it back to the curb like the opposite side of 104th? Also it appears that the city has an easement off of McDonald. How many feet is that? Thank you. Sincerely, William Coffee i I t 3 I 1 1 ~r 37/ r All yf i I 1 f 1 ~ t I Jf+ , Gc4 A b' I. i -17 IN i big 30 , .,his r • / ! - --i•- ' - - - ~l _ ~ ! i -f I I ! l i l I j `t I ! I ! I I l i I i r _ r r , I , , , I I f I~ ! I i - i I I , I !rJ i J j : ~7 r i • a ~ 1 J--- ' ( ' 1 , 1 1 ~ I 1 . CITY OF TIGARD • PRE-APPLICATION CONFERENCE NOTES RESIDENTIAL CITY OF TIGARD OREGON GATE: STAFF: ~,rr/~J~:fw,D1? APPLICANT: ga AGENT: Phone: 1 1 631- /Rgy Phone: ( 1 PROPERTY LOCATION ADDRESS: ~Oy7 Si✓ A'a DOA4466 TAX MAPITAX LOT: C-P6/ ZCe - 7?/ct> NECESSARY APPLICATION(S): SUSDIVIs SON lafi4/llAltt D d7C VEJOPMEIUT PROPOSAL DESCRIPTION: 5 /bT 5aApj1/ISIOAJ 72WA21-10 ~~brt~H/orls~ COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: F-Ig CITIZEN INVOLVEMENT FACILITATOR: TEAM AREA: ~vuTi~ PHONE: (503) ZONING DISTRICT-DIMENSIONAL REQUIREMENTS 0'Aq g, T.D. 1*061~ vvp~ Minimum lot size: 35ffQ sq. ft. Average lot width: ft. Maximum building height: ft. Setbacks: front /5 ft. side 5- ft. rear 15 ft. garage Zo ft. corner 10 ft. from street. Maximum site coverage: 90 0/o Minimum landscaped or natural vegetation area: ?_0 % ADDITIONAL LOT DIMENSIONAL REQUIREMENTS ..-._p Minimum lot frontage: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must /~j' T~~POdtt have a minimum of 15 feet of frontage or have a minimum 15 foot wide access easement. .r MjA1 D, The depth of ail lots shall not exceed 2'% times the average width, unless the parcel is less than 1'/Z times the minimum lot size of the applicable zoning district. (Refer to Code Section 18.164.060 Lots) CITY OF TIGARD Pre-Application Conference Notes Page 1 of 7 Residential Applicationi t mn nq Depanrmnt Section SPECIAL SETBACKS • Streets: 0 t from the centerline of m. 0 - • Established areas: feet from • Lower intensity zones: feet, along the site's boundary. • Flag lot: 10 foot side yard setback. • Zero lot line lots: minimum 10 foot separation between buildings. • Multi-family residential building separation: (Refer to Code Section 18.96.030) Accessory structures up to 528 square feet in size may be permitted on lots less than 2.5 acres in size - 5 foot minimum setbac! from side and rear lot lines. Accessory structure up to 1000 square feet on parcels of at least 2.5 acres in size (See applicable zoning district setbacks for primary structures.) 7.-2 /O BUILDING HEIGHT PROVISIONS z f/.r 38 = 3153 • Maximum height of 30 feet in R-1, R-2, R-3.5 and R-4.5 zones. /g/ art= 1313 Maximum height of 35 feet in R-7 and R-12 zones. 41-{lo4 • Maximum height of 45 feet in the R-25 zone. / ai'7 Liq • Maximum height of 60 feet in the R-40 zone. 3DSo FLAG LOT BUILDING HEIGHT VISIONS Maximum height of 2 stories or 25 feet, whichever is less in most zones; 2'/: stories, or 35 feet in R-7, R-12, R-25 or R-40 zone: provided that t standards of Code Section 18.98.030(B) are met. RESIDENTIAL DENSITY CALCULATION The Net Residential Units allowed on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: 1. All sensitive lands areas including: a. Land within the 100 year floodplain. b. Slopes exceeding 25%. C. Drainageways. 17, Rio x .g o' 3~~5 2. Land dedicated for park purposes. o` aDsO 3. Public right-of-way dedication. a L1- S UWIVT_5 4. All land to be provided for private streets (includes accessways through parking areas). (Refer to Code Section 18.92) BLOCKS When block lengths greater tha 00 feet are permitted, pedestrianlbikeways shall be provided through the block. (Refer to Code Section l V64.040) RESIDENTIAL DENSITY TRANSFER The City of Tigard allows a Residential Dent Transfer of up to 25% of the units that could otherwise have been developed on sensitive lands areas listed in (1.) above ich may be applied to the developable portion of the site. (Refer to Code Section 18.92.030). It is the resoonsibility of the anolicant for a residential development application to provide a detailed calculation for both the permitted residential density and the requested density transfer. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 7 Residential ApplicationiPlanning Departrtent Section RESIDENTIAL DENSITY TRANSITION Regardless of the allowed hous ensity in a zonin district, any property wi 100 feet of a designated established area sha not be developed at a density Or than 125 pe nt of the maximum Compreive Plan designation (not zoning) of the adjacen parcel. Transition area applies to any property hich is a designated established area. The subject property is designated as an area. The subje property is adjoined by establishedldeveIopinglare as to the north, south, east and wes FUTURE STREET PLAN AND EXTENSION OF STREETS 1. A future street plan shall: unction with an application for a subdivision or partition. The plan shall show the a. Be filed by the appli/dd pattern of existing ad future streets from the boundaries of the proposed land division and shall include boundaries of the pd division and shall include other parcels within 200 feet surrounding and adjacen to the proposed lanb. Identify existing or s routes, pullouts or other transit facilities, bicycle routes a nd pedestrian facilitie: on or within 500 feite. 2. Where necessary to give accit a satisfactory future division of adjoining land, streets shall be extended to thi boundary lines of the tract t ped. (Refer to Code Section 18.164.030) RESIDENTIAL DEVELOPMENT SOLAR ACCESS REQUIREMENTS All subdivisions and minor partitions are subject to solar access requirements. These requirements state that a minimum of 80% o all lots created must be oriented for solar accessibility. The basic standard, which determines solar accessibility, requires that 80% of total number of proposed lots: 1. Demonstrate a north-south dimension of at least 90 feet. 2. Demonstrate a front lot line orientation within 30 degrees of a true east-west axis. The total or partial exemption of a site from the solar access requirement may be approved for the following reasons: 1. East, west or north slopes steeper than 20%. 2. Off-site shade sources (structures, vegetation, topography). 3. On-site shade sources (vegetation). Adjustments allowing a reduction of the 80% solar lot design requirement may be made for the following reasons: 1. Reduced density or an increased cost of at least five percent due to either: a. East, west or north slope greater than 10%. b. Significant natural feature. C. Existing road or lotting pattern. d. Public easement or right-af-way. 2. Reduction in important development amenities. 3. Pre-existing shade (vegetation). PLts<£`N:E Maos and text are required which are sufficient to show that the development complies with the solar desion standards, or that specific lots should be exempted or adjusted out. The following items shall be included in the analysis: CITY OF TIGARD Pre-Application Conference Notes Page 3 of 7 9esidan iai Aopiicad=F1amring Oepamnent Section 1. The north-south lot dimension and front lot line orientation of each proposed lot. 2. Protected solar buildin s and relevant building site restrictions, if able. 3. For the purpose of ident~ng trees related to exemption requests, a ma cowing existing trees which are at least 30 fee tall and over 6 inches diameter at a point 4 feet above grade shall be submitted. This map shall include the following: a. Height. b. Diameter. C. Species. d. A statement declaring that they are to be retained. 4. Copies of all private restrictions relating to solar access. The design characteristics of a developed solar-oriented lot are high levels of wintertime sun striking the south walls and roofs of the house, house orientation maximizing south window area, and a south-sloping roof area. To achieve this, one may utilize the following: 1. Protected Solar Building Line - The solar building line must: a. Be oriented to within 30 degrees of a true east-west axis. b. Provide a minimum distance of 70 feet from the middle of the lot to the south property line. C. Provide a minimum distance of 45 feet from the northernmost buildable boundary of the subject lot to the north property line. 2. Performance Options - There are two performance options which may be utilized as follows: a. The house to be oriented within 30 degrees of an east-west axis and have at least 80% of the ground floor's south wall protected from shade. b. At least 32% of the glass and 500 square feet of the roof area face south and be protected from shade. Please contact the Building Division for further information regarding the Protected Solar Buildinq Line and Performance Options relating to building height and construction. PARKING AND ACCESS All parking areas and driveways must be paved. • Single family: Requires 2 off-street parking spaces per dwelling unit. • Multiple family: Requires 1.5 parking spaces per unit for 1 bedroom. Requires 2 parking spaces per unit for 1+ bedrooms. Multi-family dwelling units with more n 10 required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. (Re to Code Section 18.106.030) No more than 40% of required spaces may be des' nated and/or dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: • Standard parking sp a dimensions: 8 ft. 8 inches X 18 ft. • Compact parking ace dimensions: 8 ft. X 15 ft. • Handicapped parking: parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of isabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disab' ties Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking spac surface and an appropriate sign shall be posted. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 7 Residential ApplicationlPlanning 0eputment Section Bicycle racks are required for multi-family, commercial and industrial developments. Bicycle racks shall be located in areas protecte from automobile traffic and in nlent locations. Bicycle parking spaces shale provided on the basis of one space for ever 15 required vehicular parking spa es. ?S Minimum number of accesses: Minimum access width: 0?5 Maximum access width: Minimum pavement width: a?O EDUIRED WALKWAY LOCATION Within all attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connecteL by walkway to the vehicular parking area, common open space and recreation facilities. CLEAR VISION AREA le i y requires that clear vision areas be maintained between three and eight feet in height at roadldriveway, roadlrailroad, an( road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) UFFERING AND SCREENI ~O In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter 18.100) The required buffer widths which are applicable to your proposal area are as follows: ft. along north boundary. ft. along east boundary. ft. along south boundary. ft. along west boundary. In addition, sight obscuring screening is required along STREET TREES Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two inches when measured four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A minimum of one tree for every seven parking spaces must be planted in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. (Refer to Code Chapters 18.100, 18.106 and 18.108) SIGNS Sign permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines far Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 7 Residential apoicatioNPlammng Qepacumm Section SENSITIVE LANDS The Code provides regulations fonds wh h are potentially unsuitable for develont due to areas within the 100-year floodplain, natural drainageways, wetland areas, on sic es in excess of 25 percent, or on unstable ground. Staff will attempt to preliminarily identify sensitive lands areas at the pre-appication conference based on available information. HOWEVER, the responsibility tc precisely identify sensitive lands areas and th 'r boundaries is the res onsibilit of the applicant. Areas meeting the definitions of sensitive lands must be clear) indicated on la s submitted with the development a lication. (Refer to Code Chapter 18.84) Chapter 18.84 also provides regulations for the us protection, or modification of sensitive lands areas. Residential development is prohibited within floodplains. In most cases, dedic ion of 100-year floodplain areas to the City for park and open space areas is required as a condition of the approval of a develop ent application. NARRATIVE e applicant shall submit a narrative which provides findings for all applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. Applicant should review code for applicable criteria. EIGHBORHOOD MEETING The applicants all notify all property owners within 250 feet and the appropriate CIT Facilitator of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. RECYCLING 18.116 ADDITIONAL CONCERNS OR COMMENTS: > ►J51TU e- r_ 'S 411011 FOX- vwi75 for 19 /O ' 51ME Vd F-6 -a It /Oy Tit I 0 0 0(?o t/h ) N/lie ws .41-r V-W yrzee . Fu-1, 6~rr l--*-& 50 /off AS 17/20V/0,15 S- f_M_E 17eAX,25-6 Q6 wlb" ACCESS 77-0 log TN 5 OTS 0. 1DT 5 VR wi%V ? :62 AZZ-0,J /015 OEO AS vsmiTT _b fce_ PROCEDURE Administrative staff review. ✓Public hearing before the Land Use Hearings Officer. --lam Public hearing before the Planning Commission. ' D . Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. CITY of TIGARD Pre-Application Conference Notes Page 6 of 7 Residential Applicatiomi'lammng Department Section APPLICATION SUBMITTAL PROCESS All applications must be accepte• a Planning Division staff member of the Conoity Development Department at Tigard City Ha offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter: without Planning Division acceptanc: may be returned. Applications submitted after 4:30 P.M. on Thursday will be batched for processing with the following week' applications. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch map o a proposed Proiect should be submitted for attachment to the staff report or administrative decision. Application wit[ unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether ai application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additiona copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing A 10, to 20 dayp blic appeal period follows all land use decisions. An appeal an this matter would be heard by the Tigard A 7 . A basic flow chart which illustrates the review process is available from the Planning Division upon request. This pre-application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLESV'NW The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre-application conference(s) islare required if an application(s) islare to be submitted more than six months following this pre-application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: fry/~~ ~AJVD~~I~ CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639.4171 CITY OF TIGARD Pre-Application Conference Notes Page 7 of 7 Residential ApplicationiPlanning 0epartrrnnt Section PUBLIC FACILITIES CITY OF TIGARD The purpose of the pre-application conference is to: OREGON (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority an behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: (1.) ~ X to 3 5 feet from centerline. _kA (2.) 56d m4 to Z S feet from centerline. ( dA-4 (3.) to feet from centerline. Street improvements: (1.) street improvements will be necessary along (2.) street improvements will be necessary along (3.) Street improvements shall include feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five-foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or in the Central Business District), necessary street signs, streetlights, and a two year streetlighting fee. to 4h ele,e~ to 1--e W~~' CRY OF TIGARD Pre-Application Conference Notes Page I of 3 Residential AoplicatioNEmptreering Oepanment Section In some cases, where street rovements or other necessary public impnents are not currently practical, the stree improvements may be deferred* such cases, a condition of development app oval may be specified which requires the properv owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formatioi of a local improvement district farmed to improve: (1.) ~lZe (2.) Pedestrianwayslbikeways: Sanitary Sewers: The nearest sanit ry sewer line to this property is a(n) inch line which is located in A The proposed development must be connected to a sanitary sewer. It is the developer's responsibility to extend the ewer along the proposed development site's /47 a Water Suaoly: The Water Oi tct - Phone:(503) provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526.2502) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other Agency Permits: Storm sewer improvements: 4 /o¢ -f 4 STORMWATER QUALITY FEES The Unified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90.43 Surface Water Management Regulations which requires the construction of on-site water quality facilities. At the discretion of the City, the applicant may be offered an opportunity to pay a fee in lieu of the construction of such a facility. The resolution requires the construction of a water quality facility andfor the payment of a fee. The fee shall be based upon the amount of impervious surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall determine if a fee may be paid or a facility shall be constructed. 00 CITY OF TIGARO Pre-Application Conference Notes Page 2 of 3 Residential appiicatiani&4nearing Denarteient Section TRAFFIC IMPACT FEES In 1990, Washington County adopted a countywide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. STREET OPENING PERMIT No work shall be preformed within a public right-of-way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. PREPARED BY: A ~ ENGINEERING DIVISION PHONE: (503) 639.4171 Ideginipattylpmammt lengsection pn'app.engi Jwuary 11, 1985 CITY OF TIGARD Pre-Application Conference Notes Page 3 of 3 Residential ApplicatimEncpneMng Depwammi Section CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST CITY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639-4171. Staff: A1111 Date: 2-/-94, APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE V MARKED ITEMS A) Application form (1 copy) d B) Owner's signature/written authorization C) Title transfer instrumentlor grant deed I~ D) Applicant's statement No. of Copies Zq E) Filing Fee $ SFe 5"'wdGE' SITE-SPECIFIC MAP(S)/PUN(S) SUBMITTAL REQUIREMENTS INCLUDE MARKED ITEMS A) Site Information showine: No. of Copies 1. Vicinity map 2. Site size & dimensions 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) Wool 4. Drainage patterns, courses, and ponds o 5. Locations of natural hazard areas including: o (a) Floodplain areas 13 (b) Slopes in excess of 25% 13 (c) Unstable ground Cl (d) Areas with high seasonal water table ❑ (e) Areas with severe soil erosion potential 03 (f) Areas having severely weak foundation soils a 6. Location of resource areas as shown on the Comprehensive Ilv1ap Inventory including: ❑ (a) Wildlife habitats G (b) Wetlands o 7. Other site features: (a) Rock outcroppings o (b) Trees with 6" = caliper measured 4 feet from ground level Tr 8. Location of existing structures and their uses 9. Location and type of on and off-site noise sources 10. Location of existing utilities and easements 2e 11. Location of existing dedicated right-of-ways 12-1 LAND USE APPLIC-\TION / LIST PAGE i OF 5 B) Site Develooment A Indicating: go. of Copies 1. The proposed site and surrounding properties ❑ 2. Contour line intervals ❑ 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties ❑ (b) Proposed streets or other public ways & easements on the site ❑ (c) Alternative routes of dead end or proposed streets that require future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site ❑ (b) Parking and circulation areas ❑ (c) Loading and services area ❑ (d) Pedestrian and bicycle circulation ❑ (e) Outdoor common areas ❑ (f) Above ground utilities ❑ 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site ❑ (b) Proposed structures, improvements, utilities and easements on the site ❑ 6. Storm drainage facilities and analysis of downstream conditions ❑ 7. Sanitary sewer facilities ❑ 8. The location areas to be landscaped ❑ 9. The location and type of outdoor lighting considering crime prevention techniques ❑ 10. The location of mailboxes ❑ 11. The location of all structures and their orientation ❑ 12. Existing or proposed sewer reimbursement agreements ❑ C) Grading Plan Indicating: No. of Copies Zy The site development plan shall include a grading plan at the same scale as the site analvsis drawings and shall contain the following information: 1. The location and extent to which grading will take place indicating: (a) General contour lines V (b) Slope ratios ❑ (c) Soil stabilization proposal(s) ❑ (d) Approximate time of year for the proposed site development 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report ❑ (b) The validity of sanitary sewer and storm drainage service proposals (c) That all problems will be mitigated and how they will be mitigated rr" LAND USE APPLIC-\TION / LIST PAGE 2 OF 5 D) Architectural Draw' s Indicating: •No. of Copies The site developm Ian proposal shall include: 1. Floor plans indicating the square footage of all structures proposed for use on-site 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: No. of Copies The landscape plan- shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable ❑ 2. Location and height of fences, buffers and screenings 9' 3. Location of terraces, decks, shelters, play areas, and common open spaces ❑ 4. Location, type, size and species of existing and proposed plant materials 5. Landscape narrative which also addresses: (a) Soil conditions ❑ (b) Erosion control measures that will be used ❑ F) Sign Drawings: ❑ Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. G) Traffic Generation Estimate: ❑ H) Preliminary Partition/ of Line Adiustment Ma Indicatin : No. of Copies 1. The owner of the bject parcel ❑ 2. The owner's author ed agent ❑ 3. The map scale (20,5 ,100 or 200 feet=1) inch north arrow and date ❑ 4. Description of parcel ovation and boundaries ❑ 5. Location, width and n mes of streets, easements and other public ways within and adjac nt to the parcel ❑ 6. Location of all perman t buildings on and within 25 feet of all property lines ❑ 7. Location and width of all water courses ❑ 8. Location of any trees with 6" or greater caliper at 4 feet above ;round level ❑ 9. All slopes greater than 25°0 ❑ 10. Location of existing utilities a d utility easements ❑ 11. For major land partition which creates a public street: (a) The proposed right-of-ova location and width ❑ (b) A scaled cross-section of th proposed street plus any reserve strip ❑ 12. Any applicable deed restrictions ❑ 13. Evidence that land partition will n preclude efficient future land division where applicable ❑ CMND USE APPL!CATION / LIST PACE 3 OF 5 I 1) Subdivision Preliminary Plat Ma and Data Indicatin : No. of Copies 7-14_ 1. Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet OP101 2. The proposed name of the subdivision t~ 3. Vicinity map showing property's relationship to arterial and collector streets 4. Names, addresses and telephone numbers of the owner, developer, engineer, surveyer and designer (as applicable) 5. Date of application 6~ 6. Boundary lines of tract to be subdivided 7. Names of adjacent subdivision or names of recorded owners of adjoining parcels of un-subdivided land ❑ 8. Contour lines related to a City-established benchmark at 2-foot intervals for 0-10% grades greater than 10% t~ 9. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision): (a) Public and private right-of-ways and easements 6Y (b) Public and private sanitary and storm sewer lines (c) Domestic water mains including fire hydrants (d) Major power telephone transmission lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ 10. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans 11. Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants 12. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance bevond the limits of the proposed subdivision 13. Scaled cross sections of proposed street right-of-way(s) 14. The location of all areas subject to inundation or storm water overflow ❑ 15. Location, width & direction of flow of all water courses & drainage-ways ❑ 16. The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots. 17. The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings 18. The existing uses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting Ell" 19. Supplemental information including: (a) Proposed deed restrictions (if any) ~ (b) Proof of property ownership (c) A proposed plan for provision of subdivision improvements lw~ 20. Existing natural features including rock outcroppings, wetlands & marsh areas ❑ 21. If anv of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application 7-1 LAND USE APPLICATION / LIST PAGE 4 OF 3 I J) Solar Access Calculations: C3 K) Other Information No. of Copies o Wklogin`nanAmastersUfid ist.,nst may ?3, 1995 LA ,\-D US'c APP! IUTION J LIST PACE 3 OF 5 02_01 JANUARY 29TH, 1996 WILL COFFEE 10580 SW MCDONALD ST, SUITE 101 TIC7#l#ZD, OR 97224 CITY OF TIGARD 13218 SW HALL BLVD TIGARD, OR 97223 RE: PRE-APPLICATION MEETING I request a pre-application meeting to discuss the feasability of subdividing our property located at 10475 SW McDonald into five individual lots for the purpose of constructing five row houses. Per previous meetings and telephone conversations, it appears that the project meets all City requirements. Per attached plot map, driveways would egress off 104th. I need specific requirements concerning landscaping, setbacks, width of main driveway off 104th (does the Fire Department have a minimum width?), and outline of procedures to follow. Also, what fees will be incured and at what time will those fees need to be paid? Sincerely, William Coffee V 10175 5W McOONhLQ _ SOLd8 GYM 20P ICY 1 CM = 5FT C-' ow 151897 5Q FT dki L) Cl)' 44) W 2#, DW U N Z ' 120 DW 44 18'.. o d 24, 14' N 3 SW 104TH GTR LN 10580 S`A! McDcna!d St., Suite 101, i jard, OR 97224 1 • ~ness: 1.503) 639-1347 • Fax: (503) 684-7595 02.-!>/-`! S JANUARY 29TH, 1996 WILL COFFEE 10580 SW MCDONALD ST, SUITE 101 TIGA)tD, OR 97224 CITY OF TIGARD 13218 SW HALL BLVD TIGARD, OR 97223 RE: PRE-APPLICATION MEETING I request a pre-application meeting to discuss the feasability of subdividing our property located at 10475 SW McDonald into five individual lots for the purpose of constructing five row houses. Per previous meetings and telephone conversations, it appears that the project meets all City requirements. Per attached plot map, driveways would egress off 104th. I need specific requirements concerning landscaping, setbacks, width of main driveway off 104th (does the Fire Department have a minimum width?), and outline of procedures to follow. Also, what fees will be incured and at what time will those fees need to be paid? Sincerely, William Coffee 10475 5W McDONALD BOLDS GYM 20r : 1 8M = 5FT 21, ow 15897 5O FT • h ' ~r M 3 v cr) 4+' o p44o n 24, Doi ~ W 04 18 44, 12, DW ` i W 104TH CTA LN n ' \ 10475 SW MCDONALD GOLDS Isym .mss . 240' ~ i dr 69.75' 121' C - 5 FT 1 589 7q ft ..................i........ J ❑ W 22' 220 22' 22' 22' 6-4 V- C] 24' 2il 12' DW DW dW N 9W 1041h CTR LINE r.- ~ 1 ~ 1 J 2S1 DD-00600 2 102CC-08 0o HI LL - tf 2 102CC-0 86 0 2 102CC-08 0 2S CC-0 01 ~f 1 2 102CG084 02 02CC-03 00 W 2 102CC-083 2S103DD-01201 2 102CC-082 2S102CC-03200 2S102CC-02800 TZ1 2 102CC-081 V! v CGO 2 102CC-034 0 ■ 2 ,102CC-031 2S102 03302 O & 02CC-0 r McDONALD 2S11"OAA-005 2 11OAA 02 0 2S110fil 11OAA-030 2S 11 BB- 110AA~-031 0 2S111 B 15~ 25111 BB-02101 O, U l Vichty Map N" 96-0008 Bohan Partition *FAX TRANSMITTAL OP DATE: TO: Mary White, Legals (fax) 624-0338 FROM: Patricia Lunsford, City of Tigard (Ph.) 639-4171 PLACE TINDER CITY OF TIGARD LOGO IN THE LEGALS SECTION MINOR LAND PARTITION (MLP) 96-0008 ➢ BOHART PARTITION Q The Director has approved, subject to conditions, a request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167 , 3,568 , and 3,814 square feet. LOCATION: 10475 SW McDonald Street (WCTM 2S1 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre) The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. (PLACE VICINITY MAP HERE) The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department, Tigard Civic Center, 13125 SW Hall Boulevard, Tigard, Oregon 97223. The decision shall be final on Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 PM TT PUBLISH DATE: MLP 96-0008 BOHART PARTITION PROPOSAUREQUEST FOR COMMENTS CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 23. 1996 TO: Per Attached FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: MINOR LAND PARTITION (MLP) 96-0008 ➢ BOHART PARTITION Q A request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167 , 3,568 , and 3,814 square feet. LOCATION: 10475 SW McDonald Street (WCTM 2S1 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre) The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - May 3, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: f cease provide thefoffomng infomatwn) Name of Person(s) Commenting: Phone Number(s): MLP 96-0008 BOHART PARTITION PROPOSAL/REQUEST FOR COMMENTS Ask &QUEST FOR COM11iENW NOTIFICATION UST FOR LAND USE & DEVELOPMENT APPLICATIONS Y F: ii::::::;::r: %.:.':'i';. Ri4y.$:::3ii ?:`.<i'i',•' ii 0* /1, t (circle one) CIT Area: W S E C ® Placed for review in Library CIT Book 91 . CITY DEPAB?MEN?S 1- BLDG. DEPT./David Scott, w kavomdm POLICE DEPT./Kelley Jennings, a:roft~r-owr _ OPERATIONS/John Acker, Main. sp-. _ CITY ADMIN./Cathy Wheatley, any LANG. DEPT./Brian Roger, ovbp~+ft io bwkwa _ COM.DEV. DEPT./DS.T: S ADV. PLNG./Nadine Smith, woww.tra ATER DEPT./Michael Miller. oaaaft- Mw of ~ &4015= P-'__ FIRE MARSHALL UNIFIED SEWERAGE AGENCY _ TUALATIN VALLEY WATER DIST. Gene Birchell SWM Program/Lee Walker PO Box 745 Wo. County Fire District 155 N. First Street Beaverton, OR 97075 (pick-up box Hillsboro, OR 97124 AP1E'EC'i'ED IU)QISDICTION$ WA. CO. DEPT. OF LAND USE 6 TRANSP. _ METRO AREA BOUNDARY COMMISSION _ METRO-GREENSPACES 150 N. First Avenue 800 NE Oregon St. # 16, Suite 540 Met Huie (CPA's/ZOA's) Hillsboro. OR 97124 Portland, OR 97232-2109 600 NE Grand Avenue Portland, OR 97232-2736 _ Brent Curtis (CPA's) _ STATE HIGHWAY DIVISION _ Jim Tice (IGA'S) Sam Hunaidi _ ODOT/REGION 1 _ Mike Borreson (Engineer) PO Box 25412 Laurie Nicholson/Trans. Planning _ Scott King (CPA's) Portland, OR 97225-0412 123 N.W. Flanders -Tom Horry.(Current Planning App's) Portland, OR 97209-4037 _ Lynn Bailey (Current Planning App's) -OREGON DLCD (CPA's/ZOA's) 1175 Court Street, N.E. _ ODOT/REGION 1, DISTRICT 2-A _ CITY OF BEAVERTON Salem OR 97310-0590 Bob Schmidt/Engineering Coord. Larry Conrad, Senior Planner 2131 SW Scholls/PO Box 25412 PO Box 4755 _ CITY OF PORTLAND Portland, OR 97225 Beaverton. OR 97076 Planning Director 1120 SW 5th _ CITY OF LAKE OSWEGO -CITY OF BEAVERTON Portland, OR 97204 City Manager Mike MotteuccL Neighborhood Coordinator PO Box 369 PO Box 4755 _ CITY OF DURHAM Lake Oswego, OR 97034 Beaverton, OR 97076 City Manager PO Box 23483 _ CITY OF KING CITY _ CITY OF TUALATIN Tigard, OR 97281-3483 City Manager PO Box 369 15300 SW 116th Tualatin, OR 97062 OTHER Kin City, OR 97224 : SPECIAL AGENCIES : . --GENERAL TELEPHONE ELECTRIC ZPORTLAND GENERAL ELECTRIC _ COLUMBIA CABLE CO. Elaine Self, Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigodoon Court Tigard, OR 97281-3416 Beaverton, OR 97007 Beaverton, OR 97005 4 /'NW NATURAL GAS CO. METRO AREA COMMUNICATIONS _ TRI-MET TRANSIT DEVELOPMENT Scott Palmer F= (5mrn-2m Jason Hewitt Kum Knox. Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland, OR 97209-3991 1815 NW 169th Place 5-6020 Portland, OR 97232 Beaverton, OR 970064886 TCI CABLEVISION OF OREGON _ US WEST COMMUNICATIONS _ SOUTHERN PACIFIC TRANS. CO. Linda Peterson Pete Nelson Duane M. Forney, PLS-Project Eng. 3500 SW Bond Street 421 SW Oak Street 800 NW 6th Ave., Room 324 Portland, OR 97201 Portland, OR 97204 Union Station Portland, OR 97209 . DEitAL AGENCIES . S?ATE'AGENCIES' . _ AERONAUTICS DIVISION (ODOT) _ DIVISION OF STATE LANDS _ US POSTAL SERVICE - COMMERCE DEPT: M.H. PARK _ FISH L WILDLIFE Randy Hammock. Growth Cord. _ PUC _ DOGAMI Cedar Mill Station DEPT. OF ENVIRONMENTAL QUALITY Portland, OR 97229-9998 -OTHER _ U.S. ARMY CORPS. OF ENGINEERS kvea~wannr~roav~«wscmi~ Y Route To: ` Surveyor ✓ L Development Review Engineer FINAL PLAT REVIEW CHECKLIST Plat Name: Case Number(s) O %`000'45~j Address: PCt k -t•~ ,*vi 64T4 Ave (Do NOT release addresses to the public without consent of the Engineering Department.) Contact name and phone ' S C~fA57MA l C t C111-G l-C- 8(V (Fill in when plat is dropped off) DATE RECEIVED: -7.2--01G, DATE FORWARDED TO SURVEY: 7((-%12 SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity ❑ /qA 0 2. Curve, corner, cul-de-sac radii 3. Dedication, vacation, easement conveyance 4. Residential Survey Certificate match the map Comments: n Z`f~` /S /fit i Csl Ae-j 6Gj C0,Jj,1-'0.j 0 d`~ P- pe-0 AfZ5,"I I V2(~ i` lJ~ By:_ 7 Surveyor's Signature Date Page 1 of I VENGFRJV-0E%7N-MAT WT ` Route To: 1. Planning 2. Building 3. Engineering Tech I 4. Development Review Engineer FINAL PLAT REVIEW CHECKLIST Plat Name: Case Number(s) Q- 00& DATE RECEIVED: P~ DATE FORWARDED TO 7(0(p Planning Division Check if Check if Considered Okay 1. Phase boundaries I 2. Lot and/or tract size and configuration 3. Lot numbers 4. Access restrictions, reserve strips 5. Condition of Approval Satisfied 6. Public & Private streets (location, width, etc....,) 7. Preliminary Plat approval date - 1 yr period OK ❑ 8. Special Deed Restrictions (C.C.&R's) El 9. Open Space (Deed or Dedication) ❑ 10. SPECIAL SETBACKS ARE 11. Assign Case Number (above) E] Other Comments: - By: 1114~tl -e PO,~ 7117-Tanner's Signature ate FORWARDED TO BUILDING DIVISION: Date Nee 1 of 4 VM;G?M-DEV -ram-aLAT WT ' BUILDING DIVISION Comments: By:_ SA ~ Building Dept. Signature G~ Date FORWARD TO ENGINEERING DEPARTMENT (Attn.: Engineering Tech/Engineering Records) S l Date ENGINEERING DEPARTMENT (Engineering Tech) Check if Okay Street Names Acceptable Manhole Numbers (~,c} Assign Address(s) - (front page) Update City-wide maps a Comments: By: ~s i7 9~ Engineering Tech's Signature Date FORWARDED TO DEVELOPMENT REVIEW ENGINEER Date Page 2 of 4 1:`E\CPW-DE\'FN4P T= ENGINEERING DEPARTMENT Check if Okay Public Improvement Plans Approvable/Approved Public Improvement Fees/Deposits Right-of Entry, Release & Waivers, Easement (onsite - offsite) Public Improvement Agreement Public Improvement Assurance Conditions of Approval Satisfied? Sewer Availability Letter Prepared Joint Access, Non-Remonstrance Agreement Comments: By: Development Review Engineer's Signature Date Pase 3 of 4 L nGPW-DEVFN-PLAT= Returned to Surveyor for Correction BY: DATE: As Corrections Reviewed and Approved BY: DATE: _ kc) kv Forwarded for City Signatures BY: DATE: Lu~ Copy of Signed Plat Made and Put in File BY: DATE: b Released to Developer for Recording BY:~ DATE: it, ( I ~ qu Authorize Eng. Tech I to release addresses BY: Date: 1fl qt..! Pate 4 of 4 L"E~GPRI~'-0EZ'FL~-PL.~T.DOT ' • COMMUNITY NEWSPAPERS, INC. N1_ at otice TT 8494 P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON. OREGON 97075 i .g Legal Notice Advertising , 2 ~ ~ 1~y~ • ❑ Tearsheet Notice •City of Tigard 8 OF YICAkd 13125 SW Hall Blvd. • ❑ Duplicate Affidavit •Tigard,Oregon 97223-8199 MINOR LAND PARTITION (MLP) 96-0008 • HART ARP TITIOI~ •Accounts Payable-Terry The Director has approve , subject to con itions, a request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167, 3,568, and 3,814 sqquare feet. LOCATION: 10475 S.W. McDonald Street (WCTM 2S1 AFFIDAVIT OF PUBLICATION 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre). The R-12 zone single-family attached/detached residential units, allows facilitie, obile home multiple-family residential units, residential care STATE OF OREGON, parks and subdivision, public support services, family s day m care, home COUNTY OF WASHINGTON, )ss occupation, temporary use, residential fuel tank, and accessory structures. I APPLICABLE REVIEW CRITERIA: Community Development Code being first duly sworn, depose and say that ~amrth~ Adze;tn ss~ mes Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. 12 1L Director, or his principal clerk, of theT 1 I a newspaper of general circulaTi and fined in ORS 193 the ST . and 193.020; published at I aforesaid county and state; that the MLP 96-0008 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for O- NF - successive and consecutive in the following issues: I I NSa 16 1996 ~ C HILL V1E1N 19 Subscribed and sworn t efore me this i P Subject Notary blic for Oregon parcel-> > 1 My Commission Expires: AFFIDAVIT The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department, Tigard Civic Center, 13125 S.W. Hall Blvd., Tigard, Oregon 97223. The decision shall be final on May 28 1996. Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing an appeal is 3:30 P.M., May 2& 1996. TT8494 -Publish May 16, 1996. eoN/uos~,~uJ o... r IeADW gob/..spJ01401I Aqio Qd U1AeH/Se46nH uoNa 1-9 P ~'(Z) UDUOLoNl~nngne uoA j9p N 44°ei eevsaj0 lon,o~ •r•f 011,10 sllnsei p,o~ IS 2101JUJOPono i b/UO t 9'b-9'9-Z'eoouele'wnuBW o d Sogol Ueg 'lop ~tejV4Wpn '11- ono 'UOU1s~loW/uo6oja Uokl gSIIIH moo ;;er/znjo - ' P9 '9-1?' I-q•pmp nm COMMUNITY NEWS PAP E R V 'U04j App U81 nBN d/me) p40lw P (Aluo sllnsej pjo6u) P.O. BOX 370 PHONE (503) 684-( punoe puoaeg BEAVERTON, OREGON 97075 WoZ-9 £-9'6un0l PP01/ue43 epAM .Ip b!1 AelsJOM uor/pnngnelN u 9u L 9 'DWIV 'ueig uodd/wopsel yse 1ep Legal Notice Advertising )a ;?9 P peH~w eln,c/UObo,Q Po4d .{p 'I1nse Bll '43uAl 1{oyy/4IIwS uoeS • • IPM 4WX/I04sdo 01J3 :Z-9 '£-9 City of Tigard ❑ Tearsheet No po8 ogobA_nggLu0esp43.Iep I! 'OftoNrund uooS/sulwwLL eytH 13125 SW Hall Blvd. !h, (quo gnsei piaa je •Tigard,Oregon 97223-8199 • ❑ Duplicate Aff pun~oa lsjlj 17 *Accounts Payable-Terry • '(Za eNusyy .1eP 'd-9'Z-9'meyyseyy~ { nS '(U PIoaUI)l d14sugdw04a IaljIsla uc '11nsef 'PjogglH 49P '4lnsef ~jeqVoj AFFIDAVIT OF PUBLICATION 4aloyyeaoldpJ141 S' 'd"9'Z-9 bjeq" •;ep ' STATE OF OREGON, )ss W '(Zas4USyy:1-9.1-9 .j*ln~,'pjog 31 COUNTY OF WASHINGTON, ) IlH pW lop 'lesunS (1) pl,,4)( I~ (spnsei 11o) I, Kathy Snyder (e1ol*01 mol11o) being first duly sworn, depose and say that I am the Advertising 11H slouulweg Director, or his principal clerk, of theT_igard-TLlal6tin Times 10 1edwlS •1ep - o-9 uo,PeAD"'omoBoAjA 19 a newspaper of general circulation as defined in ORS 193.010 Pyueyy uosrf and 193.020; published at Tigard in the aforesaid county and state; that the MLP 96-0008 Bohart Partition a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: May 16,1996 ka Subscribed and sworn t eforemethisl-6t-h day of 19 9 6OFF!CIAL SEAL w ROSI:ti A. LN!"GESS .7 &4 e:bgp2!V NOTAI' 1.; ; -OREGON 0 blic for Oregon CO"1h, ' ; ' k!U. 024552 Notary MY('," kX71nES MAY 16,1997 My Commission Expires: AFFIDAVIT _ OEIVED PLANNING JUN 04 1996 CITY OF TIGA6 REQUEST FOR COMMENTS DATE: April 23, 1996 TO: Lee Walker, USA/SWM Program FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: MINOR LAND PARTITION (MLP) 96-0008 ➢ BOHART PARTITION Q A request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167 , 3,568 , and 3,814 square feet. LOCATION: 10475 SW McDonald Street (WCTM 2S1 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre) The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - May 3, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: Z_ We have reviewed the proposal and have no objections to it. Please contact of our office. J Please refer to the enclosed letter. ,X Written comments provided below: C4C44 Lary T6 "1/6 5&-Pe-eAT45 C-04--4CC-7710.4 Ti 0 Public S'roe" WI-rNauT c-ap55i»c4 AIDJACnWT L-07, ftkaepmvide rhefoffomn9infomatwn) Name of Person(s) Commenting: L-, I/VAUC(ZQ, Phone Number(s): 4,4a- B MLP 96-0008 BOHART PARTITION PROPOSAUREQUEST FOR COMMENTS 05/17/96 13:25 $503 526 2538 TV FIRE MARSHAL Q006/008 . RECe PLANNING MAY 2 0 1996 r CITY OF TIGARD REQUEST FOR COMMENTS DATE: May 3, 1996 MAY 15 1996 TO: Tualatin Valley Fire & Rescue FIRE MAHSHAL5 OFFICE FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 664-7297 RE: Attached is the Notice of Decision, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared anda decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR .97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: tpl=eprvvidz aitfo&,um,gircformation) Name of Person(s) Commenting: r w l Phone Number(s): 6HP•95.999B~POR'95"00~ V :44TIGARD COVENANT CHURCH PROPOSAUREOUEST FOR COMMENTS MEMORANDUM CITY OF TIGARD, OREGON DATE: May 15,1996 TO: Will D'Andrea, Planning Division FROM: Brian Rager, Development Review Engineer RE: MLP 96-0008 Bohart Partition Description: The applicant requests a partition approval to divide one parcel of approximately 17,210 square feet (sf) into three parcels of approximately 8,167 sf, 3,568 sf and 3,814 sf. The site is located at 10475 SW McDonald Street (Tax Map 2S1 2CC, Tax Lot 3100). There is an existing residential home on what we will refer to as Parcel 3. Findings: 1. Streets: This site fronts on both SW McDonald Street and SW 104th Avenue. SW McDonald Street is classified as a major collector street and will be fully constructed within a 60 foot right-of-way (ROW). Currently, there is only 20 feet of ROW north of the centerline on McDonald Street adjacent to this site. The applicant's plans indicate that he will dedicate an additional 10 feet of ROW as a part of this partition. The City will not require street improvements to McDonald Street as a part of partitioning the property because there will be very little traffic impact. However, since this proposal will incrementally add to the overall traffic impact of the roadway, the applicant will be required to enter into a non- remonstrance agreement that will obligate him to participate in the future widening of McDonald Street. The applicant is also required to dedicate additional ROW at the intersection of McDonald Street and 104th Avenue to provide a ROW radius of 24 feet, as required by City design standards. This corner radius will ensure that the sidewalk and future wheelchair ramp will be located fully within street ROW and not on private property. The applicant's plans show that this dedication will be made on the final plat. SW 104th Avenue is a local residential street that is mostly improved except for sidewalk adjacent to this site. As a part of partitioning this property, the applicant ENGINEERING COMMENTS MLP 96-0008 Bohart Partition PAGE I will be required to construct a five-foot concrete sidewalk adjacent to the frontage. There is a possibility that the existing sidewalk to the north lies slightly outside of the existing ROW. The applicant may need to create a transition section of sidewalk to bring the new section of sidewalk into the ROW. 2. Sanitary Sewer: This site will be served from an existing eight-inch public sewer line in 104th Avenue. New laterals will be extended to the lots. 3. Storm Drainage: The site slopes toward the east. The roof drains from the houses will be directed toward 104th Avenue where the drains can be directed through the curb. 4. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. However, since this project will only add two additional lots, it is not feasible to require the applicant to build an on-site facility. The R&O allows the payment of a fee in-lieu of constructing a facility in these cases. We recommend that the applicant be required to pay the fee. This fee will be collected at the time each lot is issued a building permit. 5. Grading and Erosion Control: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. 6. Access: The existing house on Parcel 3 is currently oriented toward McDonald Street and has two driveways. Since McDonald Street is a major collector, the City's standards require new lots to be oriented toward local streets if available. Parcels 1 and 2 will have access onto 104th Avenue. In addition, the applicant will provide a joint access for the benefit of all three parcels. With this provision, the City will have the ability to close off access from Parcel 3 to McDonald Street in the event the house on Parcel 3 is removed in the future and a new home is built. Until such time, Parcel 3 may continue to have access onto McDonald. However, ENGINEERING COMMENTS MLP 96-0008 Bohart Partition PAGE 2 access will be limited to one driveway only. The applicant's plan indicates that the easterly access will be removed once the parcels are created and new homes are built. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639-4171). 1. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 2. The final plat shall indicate that additional right-of-way (ROW) will be dedicated in McDonald Street to bring the width up to 30 feet from centerline. 3. The final plat shall indicate that a ROW radius of 24 feet will be dedicated at the corner of SW McDonald Street and SW 104th Avenue. 4. Prior to approval of the final plat, an agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW McDonald Street. 5. Street Opening Permit will be required for this project to cover the sanitary and storm drainage lateral extensions to the lots. In addition, this permit will cover the sidewalk work adjacent to 104th Avenue. The applicant will need to submit five (5) sets of the proposed public improvement plans for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. This permit shall be obtained by the applicant prior to approval of the final plat. 6. The plat shall indicate that there will be a joint access easement, for the benefit of all three lots, for access onto SW 104th Avenue. ENGINEERING COMMENTS MLP 96-0008 Bohart Partition PAGE 3 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 7. Prior to issuance of a building permit on either new parcel, the builder shall pay the fee in-lieu of constructing a water quality facility. The fee is equal to $180 per lot. 8. Prior to issuance of the building permit, provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. APPROVED: '6-my "&"I Greg Berry, Acting City Engineer i Aeng\brianr\sdr-.bdr ENGINEERING COMMENTS MLP 96-0008 Bohart Partition PAGE 4 LOT ~f~✓!~ION SG4-LE: fNG- UJILDFLOLJvF;;, t=FGh4T~ ew i~1CDonafd TIG -D OF- g1224 TL 3100 Ce031 590-010-1 1"{a~ 251 2GG - 131.3a _ aG~` SOFT Cll -1~'" _ -N=UJ LO I t`'1ENT .c~ 1 50/=T T IN6- t 1L f CC) 11-2' ~ u i =T C IT Q) I0 -L~ v 1 s 5~UTILIT'l' t-- SOLE: 1" = 3~' TOPOGFRAPlIIGAL a TPEE5 UJILDFLOWEP PROPERTIES, INC. TL 31 S05W Mc;~ona Id iEd9i 5W PEACHTREE DR, TL 31 Tit A.~D, OF, c3-1224 Map: 2S! "GC (503) 592)-O10-l 35x8 5(2/FT 1 SIDEW,4LK 15' EASEMENT TO 1zET=ice' LO- 1 / E%!5TING LIOUSE --STREET TF,EE: I ,rte A ~ c r 1 LOT 2 n ~ Imo" SP;~UC ~ED-A' J 10' CEDIC,";TIpN TO CITY i NEMLOC i / 5'UTILITY EASEMENT 5CAL E: I" = 30' UTIL ITIE5, ri'z-`/,15TING 4005cC WILDFLOWER FROPERTIES INC. 0415 5lU McDona id 15=191 5W FEAGHTiREE D R. 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R• a 13 31 3 Q av' ~y Newsa'c 12 ~~a 8~0 - - - -320EJ-.-.-:------ - - - ----2800---- a~ - Q = - . _ c : 2 g .27 ti-6- - el00lOl4a 0NtdAt. 44 U) .x se l'"arJ sa_ I S ' 370 C LJ z 0 3500 • ~ 3100 3301 3302 39~4~0 a0A 0A e w C Mso ~ 46.ac. . ~y, .IaAG 3600 a w 3300 .1dACL a = o QOAa M a H t1L 3 - - f I q, fRtali 104 rsNns a,: I 2 3 _ q ~ sw3iew r~a>a star its l 0 i 1 96®sr.er s! rt s ,,hie pis piat . beg 10 cc,-root. the Gomoeny ,vanes 1i:,Qjt:i :+;r any Moss rMull :y ry q fire ~M reliance 1har6oll. :'•.e,GO ~ir:E ~N9URANr,E r:~~+vT~ FORM Me. 910 0198s R'S S:evens•Ness Low Publishing Co. •0 OWNS J COUNTER-OFFER ?artland, Oregon 97204 OK .r. - T . (Real or. Personal: Property) Dated 19.`Nl . To Broker. 3 purchaser, in writing to p chase through you fr m the undersigned o ner, h reinafter called "sell rthe following described p operty . . for s price of $ .I.payable ;at the tunes-and-on the terms and conditions set forth in purchaser's said written offer, reference to which hereby is made. Having considered the said offer, but of being satisfied therewith, the undersigned I r e ?es f I owing coun- ter-off r a agrees to-accept 9nd . nsumrr~pte. ale=:ofaaido fort rice r In _ on 1 as follows: 1 - _ _ _ e.. - .Y - _ ._•_•__r ~_.3(_. _ _ : - _ _ .tel. _ /yam/{/~~J/~~ A YJ~ Yl,-ter -._I'- -_r-_•_-_- ~J--;//_•~. _•-_'I-._~1.~ _ ~?--fU,9;,_ - Any of purchaser's original writfienoffer; not; hereinabove:changed, altered or modified hereby is approved and F.. accepted by the seller; time is.of the essence `of this,-counter=offer and.unleas the purchaser accepts the some, in writing within days from he' ate hereof; this counter=offer: conclusively shall: be deemed withdrawn and of no force and effect, !Seller.. Seller PURCHASER'S ACCEPTANCE OF SELLER'S COUNTER= _FFER `.j.. Dated Z~- I acknowledge receipt of.-sellers above-counter-offer'.,-hereb ` '-acce t the same and agree to purchase said pro 1perty for the price and on the terms and conditions .set. forth:--in my Written` offer .,mentioned above as altered and modified by the seller's above co r - _ . _-r Purchaser SELLE EEMENT AND CLOSING:INSTRUCTIONS.;..': , - Date 19 The purchaser having 'accepted my.,coiunteGoffef•; I: ,agree to, pay forthwith to the above named broker a commission amounting to $.260,-.--•.•••--- for services:rende'red in this transaction. I authorize said broker to pay out of the sale proceeds all expenses of sale (including title.expense'and"revenue stamps, if any):as.-well as encumbrances on said property payable by me at/or before closing. I direct said•brokertg-deposi.t in broker,.s'client trust_accountoll moneys received by broker on this trans- action until needed in closing. In the event puicF~aser-fails to complete ,the,sale`as herein, provided, forfeited earnest money shall be distributed as follows after.deduction..of': y ti ~Q<insurance;:orescrovWcancellation,charges: „I g ❑.To broker, or if this is a co-op transaction, to. the listing broker,-.to. ex ~ t` t e'agreed'corvmissio-n, just as "if the transaction had been consummated, with residue to seller; - ' I acknowledge receipt of executed copies of the purchaser s'said:original'offer, of my cov r and of this contract bearing purchaser's signature. NOTE: IF ANY BLANK SPACES ARE INSUFFICIENT, USE 5 N,No 810 = = "HANDY PAD", TO BE SEPARATELY SIGNED BY BUYER AND sEi1ER : - Seller 0 ADDITIONAL LAND SALES CONTRACT/TRUST DEED PROVISIONS: If this transaction is for a real estate contract or trust deed, after closing date 155 d Buyer agrees to pay when due all taxes and liens placed on the property and have fire and standard extended coverage insurance satisfactory to 156 J S Seller on the property. Buyers breach of any contract/trust deed term shall entitle Seller to all rights available by contract/trust deed, in law or in 157 S o equity, including the right to call the balance due and payable and to be reimbursed for all costs and reasonable attorney's fees. Unless assumed by 158 CE Buyer, Seller to pay all prior indebtedness on the property when due. The Buyer has the option to pay any such prior indebtedness, if Seller fails to do 159 so. and apply the amount paid against the sums due on the contract/trust deed. 160 MEDIATION/SMALL CLAIMS/ARBITRATION: Seller, Buyer, Listing REALTOR firm, Selling REALTOR*firm and all real estate licensees involved in 161 this transaction each agree that all claims, controversies and disputes, whether they be statutory, contract or in tort (including claims of rescission, 162 misrepresentation, concealment, negligence, fraud and for fees or commissions) between or among any of them which arise out of or are related to 163 this agreement, or which relate to the interpretation or breach of this agreement (hereinafter collectively referred to as 'Claims') shall be resolved in 164 accordance with the mediation, small claims and arbitration provisions specified herein. The obligation of all parties to comply with these provisions 165 z shall survive closing of the sale and purchase of the property. The following matters are excluded from these provisions and do not constitute Claims: 166 2 (a) judicial or non-judicial foreclosure, forfeiture or any other action or proceeding to collect any amount secured by or to enforce or for breach of a 167 e trust deed, mortgage or land sale contract; (b) a forcible entry and detainer action; or (c) the filing or enforcement of a construction lien. The filing of a 168 notice of pending action (lis pendens) or the application to any court having jurisdiction thereof for the issuance of any provisional process or other 169 remedy described in Oregon Rules of Civil Procedure or corresponding federal remedies, including a restraining order, attachment or appointment of 170 receiver shall not constitute a waiver of the right to, or waiver of the duty to, utilize the procedures specified herein. 171 C MEDIATION: All parties and REALTORS' acknowledge that the use of mediation is the preferable method of resolving controversies and disputes. 172 0 'FE Accordingly, all Claims shall first be submitted to mediation in accordance with the rules and procedures of the Home Seller/Home Buyer's Dispute 173 Resolution System of the National Association of REALTORS°. The failure to offer or agree to mediate a Claim may result in the denial of the right to 174 prevailing attorney fees in arbitration. 175 SMALL CLAIMS: All Claims which are within the jurisdiction of the Small Claims Department of the District Court of the State of Oregon ("Small 176 E Claims Court') may be brought and determined there, and it shall not be required that such Claims be first submitted to mediation. Provided, however. In c "C) Seller, Buyer, and all other real estate licensees involved in this transaction understand and agree that they may not bring any Claim against the other 176 in excess of the jurisdictional limit of Small Claims Court, except through the arbitration process described below. 179 ARBITRATION: All Claims that have not been resolved by mediation or which have not otherwise been filed in Small Claims Court, shall be resolved 160 by arbitration in accordance with the then effective arbitration rules of the Arbitration Service of Portland or the American Arbitration Association, ;el whichever organization is selected by the party who first initiates arbitration by filing a Claim in accordance with the filing rules of the organization 182 selected, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The 112 a prevailing party in any arbitration shall be entitled to apply to the arbitrator for an award of reasonable attorney fees in accordance with ORCP 68. 181 Provided, however, the prevailing party shall not be entitled to any award of attorney fees, unless it is established to the satisfaction of the arbitrator ties that that party offered or agreed to participate in the above-described mediation process, lab RECEIPT FOR EARNEST MONEY: The undersigned Selling REALTOR' firm acknowledges recdt- earnest m ney (which Selling REALTOR' firm 1&7 agrees to handle as provided below) from Buyer in the sum of S Jdt~ m idenced by ❑ CASH, ❑ CHECK 188 PROMISSORY NOTE, payable on or beforef/4fi ~a4~de ae~Pft P Oth as /ff EARNEST MONEY INSTRUCTIONS: Buyer instructs the undersigned Selling REALTOR' Firm: (check one)i;do deposit the earnest money in 190 Selling REALTOR' Firm's client trust account or ❑ Deposit with at crow or ❑ If funds are redeemed 19, under promissory note made payable to Selling REALTOR' firm, transfer earnest money from Selling REALTOR' firm to 192 0 0 SELLING REALTOR* FIRM SHALL HAVE NO FURTHER LIABILITY WITH 193 RESPECT TO EARNEST MONEY WHICH THE PARTIES HAVE AUTHORIZED TO BE TRANSFERRED TO A THIRD PARTY. 194 ~r T w Selling REALTOR Firm: Selling REALTOR • 195 ' S~ s Branch Address: Phone:~~-~3 r FAX: 45 196 Main Office Address: Phone: FAX: 197 F PROPERTY DISCLOSURE/DISCLAIMER LAW: Buyer acknowledges that unless otherwise exempted, Buyer has a right to revoke Buyer's offer 198 y within five (5) business days after delivery of Seller's property disclosure form, or within seven (7) business days after delivery of Seller's written 199 o disclaimer form, or at any time before closing if Buyer does not receive either a disclosure or disclaimer form from Seller. Buyer may waive the right of 200 z revocation if done so in writing. If this transaction is exempted from the property discfosure/disclaimer law, Seller and Buyer are encouraged to sign a 201 y written acknowledgment identifying the speck exemption. Seller authorizes the listing REALTOR' fine to receive Buyer's notice of revocation, it any, 2o2 on Seller's behalf. 203 s Delivery of photo, telefax, carbon or NCR copies of an original signed document shall be treated the same as delivery of the original. 204 J NOTE: Fill in preprinted number from Page 1 01995 Portland Metropolitan Association of REALTORS* (Rev. 6/95) REALTOR' No portion may be reproduced without expressed permission of PMAR.. Buyers Initials: e SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 4 of 5 I nitials: te:'j RFALTOR1R r..nPY ^ Seller acknowledges that if property is new construction, Seller must comply with FTC insulation disclosure requirements. THE PROPERTY ~s DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS sc SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR 5- SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL 52 ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT., THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE s PROTECTION FOR STRUCTURES. Unless otherwise herein provided, prope s to be conveyed by statutory warranty deed free and clear of ail liens and encumbrances of record except taxes which are a lien but not yka abf ning ordinances, building and use restrictions, reservations in Federal patents, utility easements of record which benefit the property oin w hi h the property is to led, private covenants. conditions and s7 1es i(.ti !1S-of record fort a development pf which the prope is a part, and _,~t~~ Q (~_y =_z FIXTURES: All fixtures are to be left upon the premises. Fixtures shall include but not be limited to: built-in appliances: attached floor covering; 6c drapery rods and curtain rods; window and door screens; storm doors and windows; irrigation, plumbing, ventilating, cooling and heating fixtures; 61, water heaters; attached electric light and bathroom fixtures; light bulbs, fluorescent lamps; window blinds; awnings; fences; all planted shrubs, plants 62 aw and trees; &22 4 &222&4S 6s m~ o , PERSONAL PROPERTY: The following personal property, in 'as-is' condition and at no value is included: 64 a 66 ALARM SYSTEM: NONE OWNED ❑ LEASED. If leased Buyer ❑ will ❑ will not assume the lease at closing. Approximate monthly 66 lease payment is S At - 67 SELLER REPRESENTS T AT: (1) The above dwelling is connected to~ a public sewer system ; ❑ a cesspool or septic tank; a 66 public water system; ❑ a private well; (2) at the earlier of possession or closing date, the dwelling will have an operating smoke detector 69 as required by law; (3) Seller has no knowledge of any hazardous substances on the property other than substances (if any) contained in 70 appliances and equipment; (4) Seller knows of no material structural defects; (5) all electrical wiring, heating, cooling, plumbing and 71 ro irrigation equipment and systems will be in good working order and the balance of the property, including the yard, will be in substantially 72 its present condition at the time Buyer Is entitled to possession; (6) Seller has no notice of any liens to be assessed against the property; 7s and (7) Seller has no notice from any governmental agency of any violation of law relating to the property. These represenPtions are of 7- Seller's actual knowled e. Seller has made no investigation. Exceptions to items (t) through (7) are:.It< 7E Buyer recognizes that asbestos commonly exists in insulation, ceilings, floor coverings and other areas in 76 residential properties. Seller makes no representations regarding the presence or condition of asbestos. 77 AS IS: Except for Seller's express written agreements and written representations contained herein, and Seller's Property Disclosure, if 7e N any, Buyer is purchasing the property AS IS, in its present condition and with all defects apparent or not apparent. Buyer has not relied on 79 any additional representations made by Seller, agents of selling REALTOR°firm or listing REALTOR firm (if any) regarding the size, sc condition, utility or any other aspect of the property. a: PRIVATE WELL: Seller represents that the private water well located on or serving the property has provided an adequate supply of water during the 82 entire year for household use, and to the best of Seller's knowledge, the water is fit for human consumption and the continued use of the well and as water is authorized by and complies with the laws of the State of Oregon and appropriate governmental agencies. No other representations are made 64 concerning the water supply and well except as expressly stated in this agreement. If the well provides water for domestic purposes, upon Seller's as acceptance of Buyer's offer, Seller, at Seller's expense, will have the well tested for nitrates and total coliform bacteria and for such other matters as eE 5 are required by the Oregon Health Division. Upon receipt, Seller shall promptly submit the test results to the Oregon Health Division and Buyer. 37 Buyer, at Buyer's expense, may have the well water tested for quantity or quality by a qualified tester, and obtain p written report of such test or tests, BE showing the deficiencies (if any) in the well and the standards required to correct the deficiencies, all within business days (seven if not filled 99 in) after the date an agreement is made. If the written report of the test made by Seller or the written report of any such test made by Buyer shows a 9e substantial deficiency in quantity or quality of the water, then Buyer may terminate this transaction by delivering written notice of termination, together 9. with a copy of the report, to Seller or the listing REALTOR* within 24 hours after the receipt by Buyer of the written test report, unless within 24 hours 92 after delivery of notice of termination Seller agrees in writing to correct the deficiencies shown on the report. Any report obtained by Buyer will show 9- what deficiencies, if any, are substantial. 9.: INSPECTIONS: Buyer understands that a complete professional Inspection of the property is advisable. 9c ~Q( PROFESSIONAL INSPECTION: At Buyer's expense Buyer may have the property and all elements and systems thereof inspected by one or 96 more professionals of Buyers choice. If an inspection report shows a material defective condition in the property, Buyer may terminate the 97 transaction by delivery to Seller or listing REALTOR written notice of Buyer's disapproval of the inspection report within business 9e days (seven if not filled in) after the date this agreement is made. Buyer shall promptly provide a copy of the report to Seller if requested by 99 Seiler. Buyer understands that if Buyer does not disapprove of an inspection report in writing within the time provided above, that 100 constitutes acceptance of the condition of the property. 101 ❑ BUYER'S INSPECTION: Buyer has personally inspected the property and all elements and systems thereof. Buyer is fully satisfied and has toe elected NOT to have an inspection performed by anyone else. :o_ NOTE: Fill in preprinted number from Page 1 So. _}N p.. . m 1995 Portland Metropolitan Association of REALTORS° (Rev. 6/>R~ REALTOR® No portion may be reproduced without expressed permission of PMuyers Initia at SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page Initials: ate: RFAI TOR'.qrnpY 7~ o THIS SALE WILL BE CLOSED IN ESCROW: Costs of escrow shall be shared eq I between Seller and Buyer, unless Buyer is financing through U w Federal VA, in which case Seller shall pay escrow costs. CLOSING: TIME IS OF THE ESSENCE. Closing shall occur on or before, or as soon thereafter as financing documents can be prepared and marketable tide delivered, but not to exceed A b siness days (ten if not filled in). This extension is not available o if financing documents are prepared and marketable title can be delivered on the specified closing date. The terms "closing," "closed," or "closing J date," shall mean when the deed or contract Is recorded Aod funds are available to Seller. Seller and Buyer acknowledge that for closing to occur by the date specified, it may be necessary to execute documents and deposit funds in escrow prior to that date. 0 POSSESSION: Seller shall remove all personal property not sold to Buyer and deliver possession to Buyer: (Check one only) (1 on the closing a date; (2) ❑ days after the closing date; (3) ❑ on: 19 PRORATIONS: Prorates for rents, current year's taxes, interest on assumed obligations, and other prepaid expenses attributable to the property shall be as of: (Check one only) (1)~the closing date; (2) [3 date Buyer is entitled to possession: or (3) ❑ ,19 0 a SELLER POSSESSION AFTER CLOSIN In the event that Seller and Buyer have agreed that Seller will deliver possession after the closing date, Seller shall pay as consideration $ per day for each day after closing that seller remains in possession of the property. Such payment shall be made by Seller through escrow at the time of closing. UTILITIES: Seller to pay all utility bills accrued to date Bu 41r is eigtitled to possession and Buyer to pay Seiler for heating fuel then on premises, at Seller s supplier s rate on the possession date. Payment to d'F*&e5%JJween Buyer and Seller outside of escrow. INSURANCE: Seller to keep the property insured until closing. ESCROW DEPOSIT: The neutral escrow depository in Oregon is hereby instructed by Seller, Buyer, selling REALTOR firm and the listing REALTOR* firm (if any) as follows: (1) Upon your receipt of a copy of Buyer's offer marked 'rejected* by Seller or of selling REALTOR firm's written advice that a the offer is 'rejected" by Seller you are to refund the earnest money to Buyer. (2) Upon your receipt of a copy of the sale agreement signed by Seller, o Buyer, selling REALTOR" firm and the listing REALTOR* firm (if any), set up an escrow account and proceed with closing in accordance with the o terms of this agreement. If you determine that the transaction cannot be closed for any reason (whether or not there is then a dispute between the w parties), hold the earnest money deposit until you receive mutual written instructions from Seller, Buyer, selling REALTOR* firm and the listing REALTOR firm (if any) as to disposition of the deposit. TITLE INSURANCE: Prior to closing, Seller will promptly furnish to Buer a preliminary title report by a title insurance company showing the condition of the title to the property. Within 30 days after closing, Seller shall fur Buyer an ALTA standard form of title insurance policy insuring Buyer in the amount of the purchase price and showing good and marketable title. / , ? EARNEST MONEY PAYMENT/REFUND: If Seller does not approve this agreement, or cannot furnish marketable marketable title within thirty days after notice containing a written statement of defects is delivered to Seller (but in no event beyond the closing date), or Seller having approved the sale fails to D consummate it, the earnest money shall be refunded. However acceptance by Buyer of the refund does not constitute a waiver of other remedies available to Buyer. If Seller approves the sale and title is marketable and either: (1) Buyer has misrepresented Buyer's financial status; or (2) Buyer's "2 bank does not pay any check given as earnest money, when presented; or (3) Buyer fails to redeem any note given as earnest money, when due; or E c W ' (4) Buyer fails to complete the purchase or perform any other act as herein provided; then the earnest money herein receipted for and any additiona! wa° earnest money paid or agreed to be paid shall be paid to Seller as liquidated damages, and this agreement shall be of no further binding effect. It is the intention of the parties that under no circumstances shall Buyer be liable to Seller under this agreement beyond the amount of earnest money provided for herein. y BINDING EFFECT/CONSENT: This agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seller. a w However, Buyer's rights under this agreement or in the property are not assignable without prior written consent of Seller. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT: The Foreign Investment in Real Property Tax Act ('FIRPTA'), requires every person who purchases real property located within the United States from a 'foreign person' to deduct and withhold from the Seller's proceeds ten percent (10%) of the gross sale price, with certain exceptions, and to pay the amount withheld to the Internal Revenue Service. A'foreign person' includes a non- E resident alien individual, foreign corporation, foreign partnership, foreign trust and foreign estate. Seller and Buyer agree to execute and deliver, as appropriate, any instrument, affidavit or statement, and to perform any acts reasonable or necessary to carry out the provisions of FIRPTA. LEVY OF ADDITIONAL PROPERTY TAXES: The property (check one) ❑ is•is not specially assessed for property taxes (e.g. farm, forest or other) in a way which may result in levy of additional taxes in the future. If, aS a result of Buyers actions or this sale .of the property, the property either is disqualified from special use assessment or loses its deferred property tax status, unless otherwise specifically provided in this agreement, o m m Buyer shall be responsible for and shall pay when due, any deferred and/or additional taxes and interest which may be levied against the property, - CL. 0 2 0 and shall hold Seller completely harmless therefrom. However, if as a result of the Sellers actions prior to dosing, the property either is disqualified <a from its entitlement to special use assessment or loses its deferred property tax status, Seller shall be responsible for and shall pay at or before closing, all deferred and/or additional taxes and interest which may be levied against the property and shall hold Buyer completely harmless therefrom. NOTE: Fill in preprinted number from Page 1 NO r 01995 Portland Metropolitan Association of REALTORS' (Rev. 6/95 . - ` R. REALTOR® No portion may be reproduced without expressed permission of l R. ers In' ' e: SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 3 of 4,- Date: RFAI TOPIq r..r)PV ADDE M TO SALE'AGREEMENT AND RECEIPT FOR E PST MONEY 1 -7) Ez Re: Earnest Money Receipt No. Dated % Addendum Seller: i r K>r` 3 Buyer: it/~~1~%G~°' 4 -;mac:: For the real property described as: 5 6 SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE SALE AGREEMENT AND RECEIPT 7 FOR EARNEST MONEY REFERENCED ABOVE. , 8 f / 9 --1411 fi ~G% ~1 f,• ' C~j : fi% !J!/~ 10 1~ s 7- , r"S r-i!f - 12 13 14 15 16 /7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Buyer Signature')" " Z,Date19 = PM. 32 Buyer Signature' Date: 19_,_AM_PM. 33 Seller Signature Date: 19_,____AM,PM. 34 Seller Signature Date: 19_,_AM_PM. 35 Listing Agent Selling Agent !%l-- C~/'1.-~.• Addendum Page of Pages 36 •s Selling Broker Initials Listing Broker Initials 37 113 Portland Metropolitan Association of REALTORS® (REV 6/95) ADDENDUM TO SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY No portion may be reproduced without expressed permission of PMAR. REALTOR® SFI 1 FR'S ACKNOWI F=nrF-MFNT OF: P1IRrH4GFR,c err.FPT,&wrt= 0 SALE AGREEMENT AND RECEIPT FW ARNEST MONEY This is a legally binding document. If not understood, seek competent advice before signing. 2 FINAL AGENCY A~CKNOW EDGMENT: Seller and Buyer hereby acknowledge and consent t% the following agency relationships in this transaction: (1) 4V , ~4:~-SC'712-" (selling REALTOR) of -72! fi14-i-~1~~" ,L (selling REALTOR' firm) is the agent of (check one)~the Buyer exclusively ('buyer agency'). ❑ the Seller exclusively ('subagency'). ❑ both the Seller and the Buyer ("in- s company transaction L C (2) P 1 (listing REALTOR) of SL~Q1~ /tom (listing REALTOR' firm) is the agent of (check one : ' 0 the Seller exclusively. ❑ both the Seller and the Buyer ('in-company transaction'). o z~ ,M 3 s Buyer shall sign this acknowledgment at the time of signing this agreement before submission to Seller. Seller shall sign this acknow dgment at the time this agree t s first submitted to seller, even 'f this agreement will be rejected or a counteroffer will be made. Sellers signal re to this Final s a Agency Acknowle nt ton reeme hall not constitute acceptance of the agreement or any terms therein. ° Buyer Signature: Date: 19 ;2 Date: , 19 .3 Seller Signature: tVV.4,_/ Date: 4Z~ 'Al Date: , 19 = The undersigned Buyer offers to purchase the following described real property situated in the County of GS~L~,'Zf~~, State of Oregon ,a (legal description):ST~h and commonly known as (street address):_ for the purchase price of $ /14i ~t~~ s f r on the following terms: Earnest money herein receipted for $ 20 on as additional earnest money, the sum of $ 2, at or before closing, the balance of down payment . $ 67 d 22 at closing and upon delivery of EED ❑ CONTRACT the sum of (Lines 20, 21, 22 and 23 must equal Line 19) $1 i (w UOv 23 payable as follows: ~f l/ P~Q~1 7-117 24 25 2% 29 If Buyer assumes indebtedness, then in addition to the purchase price,. Buyer is to pay required assumption fee and reimburse Seller for sums held in 29 reserve accounts. 30 BUYER'S REPRESENTATION: Buyer represents that Buyer has sufficient funds available to close this sale in accordance with this agreement and is 31 not relying on any contingent source of funds unless otherwise disclosed in writing in this agreement. 32 o IF NEW LOAN IS REQUIRED, TRANSACTION SUBJECT TO BUYER AND PROPERTY QUALIFYING FOR THE LOAN. Buyer agrees to make 33 written loan application not later than business days from date an agreement is made, complete necessaryapers and exert best efforts to 31 m'u procure the loan. If discount points are required for financing, they will be paid as follows: 1~d 35 Lender required repairs will be paid as follows: 36 Unless otherwise provided herein, lender req! ' e~ inspection fees will be paid by Buyer. 3s SP CIALCONDITIONS: S~t~2 ts>/ 71J !//!70 D/L zzrlli ~ 33 „o4?_r,0,0:2_--7-,0 ~~d11/~Q~ ~'T/Z!!D1f%,Q~QL //YSi1rC-lioti~ .0 n 62 U'-5 J C rn ° e3 U 4.4 <5 46 47 For additional provisions, see Addendum da t Earnest Money Receipt No. 254668 O 1995 Portland Metropolitan Association of REALTORS® (Rev. 6/95) d ® No portion may be reproduced without expressed permission of PMAR. uyers Initial . lid REALTOR SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 1 ellers Initials: REALTOR'S rOPY W 11 CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 23. 1996 TO: Brian Rager, Development Review Engineer .FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (015) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: MINOR LAND PARTITION (MLP) 96-0008 ➢ BOHART PARTITION Q A request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167 , 3,568 , and 3,814 square feet. LOCATION: 10475 SW McDonald Street (WCTM 2S1 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre) The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - May 3, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ((Pk4se thefoQowing infomatm) Name of Person(s) Commenting: Phone Number(s): MLP 9&4=8 BOHART PARTITION PROPOSAUREQUEST FOR COMMENTS E" • LL t-- C- q _Q) O t l ` ~0 cn _ a, tU a , N LO U.- r Q 1 tv - I i_f J ILI Z „9-,~ Z O , 4 saw= CASE NO. ' , - PLOT PLAN <1Z MU 96-0008 EXHIBIT MAP BOHART PARTITION l ST i If ,0 HILL MEW ubject [L Parcel -LD McDO L, ■ i O :U vicinity Map - - - - - - - MLP 96-0008 BOHART PARTITION Ron Bohart 15491 SW Peachtree Dr. Tigard, OR 97224 (590)0107 (590) 0107 FAX City of Tigard 13125 SW Hall Tigard, OR 97223 APPLICATION FOR MINOR LAND PARTITION 10475 SW McDonald Tigard, OR 97223 Lot dimension requirements: All lots created have a minimum of 15 feet of frontage. Special setbacks: With the inclusion of a 10' dedication along the South property line, bordering McDonald, the newly created lots will be 30' from the center of McDonald Street. Building height provisions: All building height provisions will be adhered to. Residential development solar access requirements: The houses are oriented in a EW line to gain maximum southern exposure to the long axis of the buildings. The roof ridges run EW so that maximum southern sun strikes `/2 of the available roof area. The trees on " New Lot 1" will be taken out in construction and will not impact solar gain. The 18" spruce on " New Lot 2 " will be removed in construction and will not impact solar gain, the 16" spruce will be in the newly dedicated right-of-way and not on the newly created property. It will have some effect on solar gain but is a relatively linear tree without much of a shadow pattern. Parking and access: Each new building will have two off street paved parking spaces. Access will be from a shared driveway on 104'h Street which includes a 15' easement to allow access to the existing structure should it be removed and replatted for two single family structures or a duplex. Clear vision area: There is 30' clear vision area on the comer of McDonald and 104'' as per plan "A". Street trees: Street trees will be provided within 6' of the public right-of-way on McDonald and 100. Additional concerns or comments: There will be a 10' dedication to the city along the South property line that abuts McDonald street. The existing house now has a double circular driveway. The portion of the driveway that is nearest the comer of McDonald and 104`h will not be used. The shared driveway will be 20' paved at the 104'h street access. I believe I have addressed each and all of the required issues set forth in the application document and from the pre-application conference of April 9, 1996. • REC M PIAMMG (~'i i` 1199 CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 23. 1996 TO: Michael Miller. Operations Water Department Manager FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: MINOR LAND PARTITION (MLP) 96-0008 ➢ BOHART PARTITION Q A request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167 , 3,568 , and 3,814 square feet. LOCATION: 10475 SW McDonald Street (WCTM 2S1 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre) The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - May 3, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: 1,.61CA_ MErEng G'A"f JO-T 86 /A_IG-7&t 4Gp 1AJ Pq4,~ Age*3. i►9L~rC / Go » s l~i~v~ QviD6t~/ /KI /At P&=epm& thefot7awinginfommation) Name of Person(s) Commenting: Phone Number(s): xS MLP 964)008 BOHART PARTITION PROPOSAUREQUEST FOR COMMENTS RECEIVED PLANNI TY , REQUEST FOR COMMENTS APR 2 51~ OF TIGARD DATE: April 23. 1996 TO: David Scott. Building Official FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: MINOR LAND PARTITION (MLP) 96-0008 ➢ BOHART PARTITION Q A request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167 , 3,568 , and 3,814 square feet. LOCATION: 10475 SW McDonald Street (WCTM 2S1 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre) The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - May 3, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. ~C Written comments provided below: 1 P&asepmde chefoaowing inform twn) Name of Person(s) Commenting: SA Phone Number(s): MLP 96-OM I , BOHART PARTITION PROPOSAUREOUEST FOR COMMENTS • S RECEIVED PLANNING CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 23, 1996 TO: Brian Moore, PGE FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: MINOR LAND PARTITION (MLP) 96-0008 ➢ BOHART PARTITION Q A request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167 , 3,568 , and 3,814 square feet. LOCATION: 10475 SW McDonald Street (WCTM 2S1 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre) The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERLA: Community Development Code Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - May 3, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ftkasepm dethefozmng,nfomation) Name of Person(s) Commenting` Z ~c -ZA- Phone Number(s):~_ MLP 96.0008 BOHART PARTITION PROPOSAUREQUEST FOR COMMENTS *RECEIVED PLANNING ed;'i ®1 1996 CITY OF TIGARD REQUEST FOR COMMENTS DATE: AApril 23, 1996 TO:. Elaine Self. GTE Engineering Department FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 6394171 Fax: (503) 6847297 RE: MINOR LAND PARTITION (MLP) 96-0008 ➢ BOIIART PARTITION Q A request for Minor Land Partition approval to divide one parcel of approximately 17,210 square feet into three parcels of approximately 8,167 , 3,568 , and 3,814 square feet. LOCATION: 10475 SW McDonald Street (WCTM 2S1 2CC, Tax Lot 3100). ZONE: R-12 (Residential, 12 Units per acre) The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54.050, 18.162.040, 18.162.050 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - May 3, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: - We have reviewed the proposal and have no objections to it. - Please contact of our office. - Please refer to the enclosed letter. ')o Written comments provided below: ~4 Q ls~PF~ -Co Co y2D(o&-TE tI c_w 'z QkePV-0ZE PACiLlT( 5 c-J(-r'4 C~'« (Please pwv,& tkefoQomng inf matwn) Name of Person(s) Commenting: Phone Number(s): bzo-5943 MLP 96-0008 BOHART PARTMON PROPOSAUREQUEST FOR COMMENTS yh K ~ 9~1 a}. t ti I ~.~?a c a Q' ~ °Roe nER ~ . T f 21e.sa f o s s4.e1 0' 500 i SE9° 47•E 139.47 4.2343- - - 702 '600 4 r 7 t `ati .10AC. ee 34Ayy9 it t £ so /pry f~a•. . 700 \ ss, /m0 89 AC. rV} r ~.Ya 4k y : CD $01 s J JF 65 .69AC. - tW RV f, ~j ~+4 A - al " V, EO 42AC. in AO 940 C goo 1000 2.32AC. ✓ o ,w 198Ac. S.W. 43 z ~ ~ INS - - 7l p /o °•?oc '1100 ti t + ti~ ry` 109Ac H JJ2o3' f "Jot} ~ ,~•r,~~ - 1200 s2 A .62A c. 264.8 3-99tH; , 0 too Sao 55',X 6.2404- i'o 0 1800 1700 7086 109.5 1500 4 1600 ,04 t80.90 2 1400 INITIAL Sq~1o _ PT. 39 w r , 7800 7700 d • - - ~ ~ ~ ~ W r ~ IL art o- 110 1 = 2t`. ~f o 79003 c 2 0 - V 1 r 1 i ' 0 7'so•w w;r I , t y ( I00 889 Z I09.85 VIEW H ILL . ~ 0 91 3923 t A= ~ : S.W. ' 144.51 o $000 c 3i F o e S. 4 ? o leo 2600 a, ,71.05 .x 1 2900 \ R_ w o 7628149.93 3001 RRd so _20 8600 1309 3000 A JT Ac. Zoe o 6 22 AC ea ~00t31.22 C ~s J J 5 LL' Z2. I = 16 0~5' x.40 1~°as•Ir 1'3 Ne9°~ 164! 1S. 34 84004 1,5t.25 W 1T6'°5 1 *0 4a ""goo 09 £ •ti 2800 3 2700-.. Z 131.28 $ t o .83003 C~•j 3200 14 a 8200 t3t.3t c G o M • ~ ~ ~ , INITIAL roNtT : cc 131.34 .i+^ rNELEON MEI6NTS t 5 s 3500 X,d8100 0 2 0.2 . 3600 ?1 iTt L 1 7 * 3400 ,40A0 w 1N 13►3e 0 • 3302 .39Ac. .40Ac Z 0 3 1 .18Ac. o N 3100 •2 Ac. " r 1! 3300 .18Ac- 4sAo. Q r o A 031 7 b ?5 2 110.1 IN 71AL ~O tat" f5 2 1 >RO 119.9 ttop f ELEON oN DSO V~A),g: N OIL C la R W~ 10 PVD ; BR. d a d MH PARKING 'BB PAVED S PAVED MH P.K, 155 257,97 2p R. O ~r PARKING PAVED 0 MH 250 01 PA R K ITV G PARKING 259.2 260 0 M H n X 2.8 ~ SP, . its BR X / PARKING PARKING 2,50\ X O H BR. 21 M MH O ❑ X X x x CO Q 250.2 Xi _C3 o° I 2.4 ♦ Q d I i x M.H. 244.7 MH S. W. HILLVIEW ST. X O MH OX 267.0 C 8 MM, 0 9r~0 6 i X © ❑ - - 256.5 X < ❑ Q p X- ; OL o d ^4 X ° X x t70 z 2 .8 I e R. x 290 m ` d e} 7003 3 2 ft+1H t -s- i, MH X AIR. TRIG. 4011 MH X 269.0 L.__. 10 11 1.P, [h10N.N0.~ a1 L. 28S. Mf, 9( 282.E MC DONALD ST. r 0 8 . Q Q W PIED Br Rectangular grid based on lambert Projection State of Oregon North Zone CO. OF OREGON Contour Ieterroi • 2 leer U. S C 8 G.5 Datum NA Or:fGON ti f FD 5/8" IR PARTITION PLAT N0. (HELD) PARTITION PLAT LOCATED IN THE S.W. 1 4 OF SEC. 2 T. 2S, R. l FD 5/8" IR (R1) F " , R1 CITY OF TIGARD, WASHINGTON COUNTY, OREGON D 5/8 R ( ) * It=! kL, S 8T53'17' E S 89'49'30" E 0.22' 0.65' PLANNING DEPARTMENT FILE N0. LUR MLP 96-OC ~ ^ FOR: WILDFLOWER PROPERTIES INC. ~ FD 5/8" IR (Ri) o • nor ? F 5 " 1R ~ 15491 S.W. PEACHTREE DR. o D /8 S 8T5317" E o o N S 8T49'30" E o ~ oc 0,15' ~o N TIGARD, OR 97224 0.31 ~ O ^ ~N o DATE: JUNE 29, 1996 ~or~ ~ 50 FD 2" IP INITIAL POINT R9 mat ( ) ~ ~ N ^ (HELD) FD Y IP ~ INITIAL POINT ~ (HELD A5 INITIAL " JO SQUARE" (R1) ~ POINT, R1) N 89'24'31" W 131.43' (M) 131.38' (R1) i 50.05' 81.38' } ~ - ~ o PARCEL 3 DOC 94023549 ^ , f ~ THE PURPOSE OF THIS SURVEY IS TO PARTITION THAT TRACT OF LAN ~ ~ 3,508 sq t. ~ MAR. l0 1994 o AS DESCRIBED IN A DEED, DOCUMENT NUMBER 94 023549, AS RECOF ~ N Z 42.64 W ~ k~AT WASHINGTON COUNTY, OREGON. ~ o 0 N 89'?4'31" W b . ~ q LtJ b 7,5~ ^ ) W THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERLINE OF ^ N ' S.W. MCDONALD STREET. THE BEARING FOR THIS LINE IS S 89'25'21" 0 o Q o'~h ~ ~ N ~ ~ PER SURVEY 20178. O 2 38.74 ~ PARCEL 7 Z o , p^ W S 89'13'?1" E ~ ~ ^ 0 8,180 sq.ft. ti~ ~ $ WE HAVE DETERMINED THE NORTH LINE OF SOUTHWEST MCDONALD ST p ~ ~ ~j o ~ ~ AS A LINE PARALLEL WITH °1H~ GEN1ERLiNE Cth THE STREET AND 20.( ^ ^ ~ 0 15 ACCESS ^ 2 ~ ^ , o , a ~y ~C j --~Q FEET NORTHERLY. WE HAVE DETERMINED THE CENTERLINE OF SOUTHI h ~ EASEMENT C~ . 42.59 0 o MCDONALD BY HOLDING THE FOUND SECTION CORNER AND A POINT 0 s o a; ~ FEET NORTHERLY OF THE FOUND 5/8" IRON ROD 878.18 FEET EAST _ 89'?5 ? 1 E ~ ~ W SAID SECTION GORNER AS SHOWN IN SN 25014. 5' PUBLIC UNDER- ~ PARCEL 2 ~ GROUND UTILITY N , ;t o 0 3,988 sq.ft. TO ESTABLISH THE WEST LINE OF THE SUBJECT TRACT WE HAVE FOUL ~ EASEMENT ~ „ AN H TH S CTION CORNER AND THE INITIAL POINT FOR "JO ~ ~ D ELO E E O o ~ FO 5/8" IR YPC UNREADABLE FD 5/8" IR (1~2) " ~ Q R2 (HELD SQUARE . 0 1 O ) , T ~ 9.9 57.99 L 75.27 M ~ ) -WE HAVE DETERMINED THE WEST LINE OF SOUTHWEST 104TH AVENUE 1 S 89'25'21" E 107.96' M 75.00 R2) AS A LINE PARALLEL TO THE EAST LINE OF THE STREET AND 50.00 I ~ WESTERLY. WE HAVE DETERMINED THE EAST LINE OF SOUTHWEST 10~ ~ 131,29' o FD 5/8" IR YPC UNREADABLE "F N H IGHT ~ AVENUE BY HOLDING THE FOUND INITIAL POINT FOR RELEO E \ (R6) (HELD " ADDITIONAL DEDICATION o N 2 AND THE FOUND 5/8 IRON ROD AT THE NORTHEAST CORNER OF \ N N p0 34 39 E 3 2 0.18' FROM INTERSECTION AT SOUTHWEST MCDONALO STREET. - " CENTERLINE 10 11 878.18 S 89 5'?i WE HAVE CALCULATED THE N.E. CORNER OF THE TRACT USING THE D 1 E S. W. NCDONALD ST. S. W. MCD~NALD ST • " o DISTANCE OF 126.00 FEET ALONG THE WEST LINE OF SOUTHWEST 104 BASIS OF BEARINGS o FD 2 BRASS DfSC C.R. 430 N N AVENUE AS DESCRIBED ABOVE. IN h10NUMENT BOX USBT BK 3 WE HAVE CALCULATED THE NORTH LINE OF THE TRACT BY HOLDING PAGE 406-409 THE SOUTH LINE OF THE "JO SQUARE" SUBDIVISION. WHILE THIS (HELD) GREATES AN APPARENT AMBIGUITY WITH THE DEED IT RESOLVES r. ANY DIFFERENCES BETWEEN THE T1b0 ADJOINING PROPERTIES. ~r?d1~.. . ~ ~ 88'?4'09" ' R = ?4.00' ®=MONUMENT FOUND AS NOTED L = 37.03' R1 = "JO SQUARE" BOOK 51, PAGE 36 61 =SET 5/8" x 30" IRON ROD MARKED WITH CL = 33.46 ~ " R2 = SN 19471 YELLOW PLASTIC CAP MARKED "PLS 2351" CB = N 46'2.2 34 E ~ R3 SN 6950 SET ON JULY 1, 1996 R4 = SN 19169 R5 = "FRELEON HEIGHTS" BOOK 15, PAGE 32 I HEREBY CERTIFY THIS IS AN EXACT M =MEASURED DATA R6 = $N 25014 COPY OF THE ORIGINAL PLAT R7 = USBT BOOK 1, PAGE 342, 1015 _ ~ ~ F~ YPC YELLOW PLASTIC CAP RS = $N 18921 TOM NELSON AND " , „ P~OFESBlO~lal. 4120 SE INTERNAT _ R9 = FRELEON HEIGHTS f LAT 2 , 18921 ~p BAR SUITE A-108 R(X) -REFERENCE SURVEY MiLWAUKiE, OR 97. (503) 652-1852 IP =IRON PIPE ~i,a~.► n,f ~S ~ PROJECT N0. 96~ Rr Qt~W I IR = IRCN ROD ~lr tf Q 1 SHEET 1 OF ~ ~2/~1 r- r PARTITION PLAT N0. PARTITION PLAT LOCATED IN THE S.W. 1 4 OF SEC. 2 T. 2S, R. ' CITY OF TIGARD WASHINGTON COUNTY, OREGON ` 11 ' - PLANNING DEPARTMENT FILE N0. LUR MLP 96-001 - 1 ~ FOR: WILDFLOWER PROPERTIES, INC. KNOW ALL MEN BY THESE PRESENT THAT RON BOHART AND EMILY BOHART, AS FEE OWNERS OF THE SUBJECT TRACT OF LAND DO I~EREBY DECLARE ~ 5491 S.W. PEACHTREE DR. THE ANNEXED MAP TO BE A CORRECT SHOWING OF THE PARTITION PLAT TIGARD OR 97224 AND THAT WE HAVE CAUSED THE PARTITION PLAT TO BE PREPARED AND THE ' PROPERTY TO BE PARi1TI0NED IN ACCORDANCE WITH THE PROVISIONS OF OREGON REVISED STATUTES CHAPTER 92. { ' iii i7 ~ DATE: JUNE 29, 1996 WE DO HEREBY DEDICATE THE ADDITIONAL RIGHT OF WAY, AS SHOWN, TO THE PUBLIC AND GRANT ALL EASEMENTS AS NOTED. P J R ART EMILY B ART ~h Ocfo~OeN APPROVED THIS 8 DAY OF ,1996 ACKNOWLEDGEMENT: S T r ~1 ~~boe~ KNOW ALL PEOPLE BY THESE PRESENT, ON THIS DAY OF ~ , , 1996 BEFORE ME A NOTARY PUBLIC IN AND FOR THE STATE OF CITY ENGINEER, CITY OF TIGARD OREGON, PERSONALLY APPEARED RON BOHART AND EMILY BOHART, WHO BEING DULY SWORN, DID SAY THAT THEY ARE THE IDENTICAL PERSONS NAMED IN THE FOREGOING INSTRUMENT AND THAT THEY EXECUi'ED SAID APPROVED THIS _DAY OF ,1996 INSTRUMENT FREELY AND VOLUNTARILY. ~U~ I~ ~ - WASHINGTON COUNTY SURVEYOR NOTARY PUBLIC FOR THE STATE OF OREGON `~t' tf r~s : ~ ra. a®t®i ~ oc~s roov. ze. STATE OF OREGON SS COUNTY OF WASHINGTON I, THOMAS G. NELSON, HEREBY CERTIFY THAT I HAVE Cc)RRECTLY SURVEYED AND MARKED I~TH PROPER MONUMENTS THE LAND REPRESEPdTEp ON THIS PARTITION PLAT, I DO HEREBY CER1iFY TWAT TI~iS PARTITION PLAT WAS kECEi`vED FOR SAID LAND BEING DESCRIBED AS FOLLOWS: RECORD AND RECORDED ON TiiIS DAY OF , 1996 AT O'CLOCK.-.- M., IN I'WE COUNTY CLERK RECORDS. A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH RANGE 1 WEST OF THE WILLAMETTE MERIDIAN IN THE CI fY OF TIGARD, WASHINGTON COUNTY, OREGON. SAfD TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BY: - DEPUTY BEGINNING AT A 2 INCH IRON PIPE AT THE INITIAL POINT OF "JO SQUARE", A SUBDIVISION, SAID POINT ALSO BEING THE INITIAL POINT OF THIS PARTI110N PLAT; THENCE, S 02'06 43 W A D15TANCE OF 131.03 FEET ALONG THE WEST LINE Of 5r'~TiON 2 TO THE NORTH RIGHT-OF-WAY LINE OF S.W. MCDONALD, COUNTY ROAD NUMBER 430; '+'~iENCE, S 89'25'21" E A ALL TAXES, FEES, ASSESSMEN"fS OR OTHER CHARGES AS PROVIDED BY DISTANCE OF 131.29 FEET ALONG SAID NORTH LINE TO THE WEST RIGHT-OF-WAY LINE O.R.S. 92.095 HAVE BEEN PAl~ AS OF ,19 DIRECT SOUTHEAST 104TH AVENUE (SAID STREET BEING 50.p0 FEET WIDE); THENCE, N 02'1030" E DIVISION OF ASSESSMENT & TAXATION, WASHINGTON COUNTY, OREGON. A DISTANCE OF 131.00 FEET ALONG SAID WEST UNE TO THE SOUTH LINE OF SAID "JO SQUARE"; THENCE, N 89'24'31"W A DISTANCE OF 11.38 FEET TO THE INITIAL POINT. 8Y: DEPUTY CONTAINS AN AREA OF 17,204 SQ. FT., MORE OF LESS. STATE OF OREGON COUNTY OF WASHINGTON 1. THIS PLAT IS SUBJECT TO THE CONDITIONS OF CITY OF i DO HEREBY CERTIFY THAT THIS TRACING IS A COPY CERTIFIED TO ME TIGARD CASE FILE MLP 96-0008. THE SURVEYOR OF THIS PART~110N PLAT, TO BE A TRUE AND EXACT COPY NT OF THE ORIGINAL, AND THAT IT WAS RECORDED ON THE DAY 2. THERE ARE NO OCCUPIABLE GEODETIC CONTROL MOE UME S OF ,19 , AT~.._0'CLOCK .M. AND RECORDED WITHIN 1/2 MILE RADIUS OF THIS SITE. IN THE COUNTY CLERK RECORDS. 3. THE 15.00 FOOT WIDE ACCESS EASEMENT SHO'►NN Sh+ALL BE A PRIVATE ACCESS EASEMENT FOR THE BENEFIT OF Pi~RCEL 1,`, PARCEL 2 AND PARCEL 3. BY: DEPUTY COUNTY 4. THERE IS A 5.00 FOOT WIDE UNDERGROUND ELECTRIC EASEMENT ACROSS PARCEL 2 AS SHOWN. 5. A PARTITION PLAT CONSENT A`rFIDAVIT FROM WASHIIIGTON MUTUAL TOM NELSON AND ~ BANK, A TRUST DEED BENEFICIARY, HAS BEEN RECCRDEO AS DOCUMENT PROr~ON,~. 4120 SE INTI=RNATI~ NUMBER ,WASHINGTON COUNTY DEED RECORDS. ~p ~1JRVE`P1~ SUITE A-108 MILWAUKIE, OR 972 (503) 652-1852 /1 ~ PROJECT N0. 962, ~!!.Y itb Q. 23b1 2 ON 1a/31/Q~ ;